Alternative Dispute Resolution

Unit code: LLW3002 | Study level: Undergraduate
12
(Generally, 1 credit = 10 hours of classes and independent study.)
City Queen
Online Real Time
BLB1101 - Australian Legal System in Context
(Or equivalent to be determined by unit coordinator)
Overview
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Overview

This unit of study provides an introduction to alternative dispute resolution. The unit explains the theory underlying the causes of conflict and critically reflects on dispute resolution with a focus on commercial and other disputes in Victoria and Australia. It explains and demonstrates the differing approaches and objectives of processes across the ADR spectrum, and compares ADR to litigious dispute resolution channels. It explores the differences between court-based ADR and non-court ADR, outlines practitioner obligations in ADR, enforcement of ADR outcomes, and confidentiality and admissibility in ADR processes. It challenges students to think about ADR system design and the role and impact of cultural, societal and technological factors on the relevance and suitability of ADR processes to resolve disputes.

Learning Outcomes

On successful completion of this unit, students will be able to:

  1. Explain and apply ADR theory and practice to disputes, both individually and as part of a group ADR process,
  2. Critically analyse current legal issues in ADR, utilising growing lifelong learning skills to develop relevant ideas and perspectives; and
  3. Explain the practical, policy and philosophical factors affecting ADR as a form of dispute resolution within the Victorian/Australian justice system, and the system of global trade, with reference to a developing understanding of the impact of culture, society and technology.

Assessment

For Melbourne campuses

Assessment type: Test
|
Grade: 20%
Quizzes
Assessment type: Assignment
|
Grade: 25%
Letter of advice
Assessment type: Presentation
|
Grade: 15%
Presentation on ADR issues
Assessment type: Assignment
|
Grade: 40%
Written assessment

Required reading

Alternative Dispute Resolution
Tania Sourdin, 2016| Thomson Reuters

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