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Alternative Dispute Resolution (LAWS70018)
Graduate coursework level 7Points: 12.5On Campus (Parkville)
About this subject
- Overview
- Eligibility and requirements
- Assessment
- Dates and times
- Further information
- Timetable(opens in new window)
Contact information
November
Lecturer
Professor Allen Snyder, Coordinator
Email: law-masters@unimelb.edu.au
Phone: +61 3 8344 6190
Website: law.unimelb.edu.au
Overview
Availability(Quotas apply) | November |
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Fees | Look up fees |
Dispute resolution and problem-solving lie at the core of modern professional life for lawyers, business people and anyone who works with more than one other person. This subject provides an overview of the range of dispute resolution techniques used internationally. This subject differentiates the most prominent dispute resolution methods, including: traditional litigation, arbitration (in its many forms, including international commercial arbitration negotiation, mediation (also in its many forms, including: partnering, mini-trials, dispute resolution coordinators, etc). It also includes skills training in negotiations and mediation designed to increase effectiveness in both resolving disputes and enhancing problem-solving abilities
Principal topics 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 roles 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.
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Intended learning outcomes
A student who has successfully completed this subject will:
- Have an advanced and integrated understanding of the legal and practical principles underlying both judicial and private dispute resolution systems
- Be able to critically examine, analyse, interpret and assess different systems and make reasonable decisions about forum selection
- Be an engaged participant in debate regarding the tension between legal rules and other more fluid systems for dispute resolution
- Have a sophisticated appreciation of the never-ending war between textual certainty and the uncertainty of human decision-making and interactions
- Have an advanced understanding of solutions and their benefits and limitations
- Have a detailed understanding of negotiation strategies and tactics and how to use them in resolving disputes
- Have the cognitive and technical skills to generate critical and creative ideas relating solving complex problems between people
- Have the cognitive and technical skills to independently examine, research, create and analyse solution sets
- Have the communication skills to clearly articulate and convey complex information regarding emotional disagreements, wants and needs
- Be able demonstrate autonomy, expert judgment and responsibility as a practitioner and learner in problem solving and dispute resolution.
Last updated: 3 November 2022
Eligibility and requirements
Prerequisites
None
Corequisites
None
Non-allowed subjects
None
Recommended background knowledge
Applicants without legal qualifications should note that subjects are offered in the discipline of law at an advanced graduate level. While every effort will be made to meet the needs of students trained in other fields, concessions will not be made in the general level of instruction or assessment. Most subjects assume the knowledge usually acquired in a degree in law (LLB, JD or equivalent). Applicants should note that admission to some subjects in the Melbourne Law Masters will be dependent upon the individual applicant’s educational background and professional experience.
Inherent requirements (core participation requirements)
The University of Melbourne is committed to providing students with reasonable adjustments to assessment and participation under the Disability Standards for Education (2005), and the Assessment and Results Policy (MPF1326). Students are expected to meet the core participation requirements for their course. These can be viewed under Entry and Participation Requirements for the course outlines in the Handbook.
Further details on how to seek academic adjustments can be found on the Student Equity and Disability Support website: http://services.unimelb.edu.au/student-equity/home
Last updated: 3 November 2022
Assessment
Additional details
8,000 - 10,000 word research paper (100%) (21 February 2018) on a topic approved by the subject coordinator
A minimum of 75% attendance is a hurdle requirement.
Last updated: 3 November 2022
Quotas apply to this subject
Dates & times
- November
Principal coordinator Allen Snyder Mode of delivery On Campus (Parkville) Contact hours 24-26 hours Total time commitment 150 hours Pre teaching start date 1 November 2017 Teaching period 29 November 2017 to 5 December 2017 Last self-enrol date 31 January 2017 Census date 29 November 2017 Last date to withdraw without fail 12 January 2018 Assessment period ends 21 February 2018 November contact information
Lecturer
Professor Allen Snyder, Coordinator
Email: law-masters@unimelb.edu.au
Phone: +61 3 8344 6190
Website: law.unimelb.edu.au
Time commitment details
136-150 hours The pre-teaching period commences four weeks before the subject commencement date. From this time, students are expected to access and review the Reading Guide that will be available from the LMS subject page and the subject materials provided by the subject coordinator, which will be available from Melbourne Law School. Refer to the Reading Guide for confirmation of which resources need to be read and what other preparation is required before the teaching period commences.
Additional delivery details
This subject has a quota of 30 students. Please refer to the Melbourne Law Masters website for further information about the management of subject quotas and waitlists.
Last updated: 3 November 2022
Further information
- Texts
Prescribed texts
Wiggins and Lowery, Negotiation and Settlement Advocacy: a book of readings' (Thomson Reuters)
- Related Handbook entries
This subject contributes to the following:
- Links to additional information
law.unimelb.edu.au
- Available through the Community Access Program
About the Community Access Program (CAP)
This subject is available through the Community Access Program (also called Single Subject Studies) which allows you to enrol in single subjects offered by the University of Melbourne, without the commitment required to complete a whole degree.
Entry requirements including prerequisites may apply. Please refer to the CAP applications page for further information.
Additional information for this subject
If required, please contact law-admissions@unimelb.edu.au for subject coordinator approval.
Last updated: 3 November 2022