This unit of study provides an introduction to processes for resolving disputes. It focuses on negotiation and mediation in the context of current issues resulting in commercial disputes. The unit interrogates the theory underlying negotiation and mediation and critically reflects on the contexts in which they are used. It investigates the causes of commercial conflicts, analyses the roles and objectives of alternative dispute resolution (ADR) processes, court-based ADR and non-court ADR, including obligation in ADR, enforcing ADR outcomes, confidentiality and admissibility in ADR. ADR accreditation and future trends in ADR are also reviewed and discussed in the unit.

Unit details

Location:
Study level:
Undergraduate
Credit points:
12
Unit code:
LLW3002

Prerequisites

BLB1101 - Australian Legal System in Context

Learning Outcomes

On successful completion of this unit, students will be able to:
  1. Apply and justify ADR theory, practice and processes in negotiation to disputes both individually and working with others;  
  2. Exemplify a model of mediation and working with others to plan and organise task allocation, develop and justify an approach to resolving problems in a specific context;  
  3. Critically analyse current legal issues in ADR, utilising growing lifelong learning skills to develop relevant ideas and perspectives; and  
  4. Advocate the practical, policy and philosophical reasons for dispute resolution, with reference to a developing understanding of the role of culture, values and dispositions in a justice system.  

Assessment

Assessment type Description Grade
Test Online multiple choice test 20%
Practicum Online Dispute Resolution Simulation and Report 30%
Assignment Letter of advice and terms of settlement/arbitration award 40%
Presentation Group presentation 10%
Total word limit is between 4000 - 5000 words

Required reading

Required Texts

Alternative Dispute Resolution 4
Tania Sourdin
Thomson Reuters

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