Alternative Dispute Resolution

Subject LAWS70018 (2011)

Note: This is an archived Handbook entry from 2011.

Credit Points: 12.50
Level: 7 (Graduate/Postgraduate)
Dates & Locations:

This subject has the following teaching availabilities in 2011:

November, Parkville - Taught on campus.
Pre-teaching Period Start not applicable
Teaching Period not applicable
Assessment Period End not applicable
Last date to Self-Enrol not applicable
Census Date not applicable
Last date to Withdraw without fail not applicable


Timetable can be viewed here. For information about these dates, click here.
Time Commitment: Contact Hours: The total class time is between 24 and 26 hours.
Total Time Commitment: Not available
Prerequisites: Visit the Melbourne Law Masters website for more information about this subject.
Corequisites: Visit the Melbourne Law Masters website for more information about this subject.
Recommended Background Knowledge: Visit the Melbourne Law Masters website for more information about this subject.
Non Allowed Subjects: Visit the Melbourne Law Masters website for more information about this subject.
Core Participation Requirements: Visit the Melbourne Law Masters website for more information about this subject.

Contact

For more information, contact the Melbourne Law Masters office.

Email law-masters@unimelb.edu.au or phone +61 3 8344 6190.

Alternatively, visit our website:

www.masters.law.unimelb.edu.au

Subject Overview:

Principal topics will include:

  • The nature and varieties of disputes, how they arise and how they are avoided
  • The options for resolving disputes: Litigation, arbitration, negotiation, mediation and conciliation
  • Factors considered by people when they choose a dispute resolution method, including social, cultural and economic factors
  • Relevant law reform initiatives, with an emphasis on Australia, other common law countries and selected Asian countries
  • Cross-cultural issues in the dispute resolution process
  • The role of judges, lawyers and the courts in the alternative dispute resolution process
  • An analysis and comparison of the dispute resolution processes in environmental and native land title disputes, with an emphasis on Australia, Canada and the United States
  • Basic skills for successful negotiation and mediation, including theory and practical exercises.
Objectives:

A student who has successfully completed this subject should:

  • Understand the nature of disputes and the principal methods of resolving disputes
  • Understand the advantages and disadvantages of the various methods of alternative dispute resolution
  • Understand the main issues and developments in alternative dispute resolution theory and practice
  • Understand the implications of these theoretical and practical issues for law reform
  • Be able to apply their learning to evaluate and propose law reform initiatives and analyse case studies
  • Be able to use basic dispute resolution skills to resolve disputes based on simulations and case studies.
Assessment:

Visit the Melbourne Law Masters website for more information about this subject.
Prescribed Texts: Core subject materials will be provided free of charge to all students. Some subjects require further texts to be purchased. Visit the Melbourne Law Masters website for more information about this subject.
Breadth Options:

This subject is not available as a breadth subject.
Fees Information: Subject EFTSL, Level, Discipline & Census Date

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