Alternative Dispute Resolution (LAWS70018)
Graduate coursework level 7Points: 12.5Online
Please refer to the return to campus page for more information on these delivery modes and students who can enrol in each mode based on their location.
About this subject
Contact information
December
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) | December - Online |
|---|---|
| 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) and mediation (also in its many forms, including partnering, mini-trials and dispute resolution coordinators). It also includes skills training in negotiation 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.
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
| Description | Timing | Percentage |
|---|---|---|
Research paper on a topic approved by the subject coordinator
| 23 February 2022 | 100% |
| Hurdle requirement: A minimum of 75% attendance. Note: the attendance hurdle does not apply when the subject is delivered online. | Throughout the teaching period | N/A |
Last updated: 3 November 2022
Quotas apply to this subject
Dates & times
- December - Online
Principal coordinator Allen Snyder Mode of delivery Online Contact hours 24-34 hours Total time commitment 150 hours Pre teaching start date 3 November 2021 Pre teaching requirements Please refer to the Reading Guide on the LMS subject page for confirmation of which resources need to be read and what other preparation is required before the teaching period commences. Teaching period 1 December 2021 to 7 December 2021 Last self-enrol date 8 November 2021 Census date 2 December 2021 Last date to withdraw without fail 14 January 2022 Assessment period ends 23 February 2022 December contact information
Lecturer
Professor Allen Snyder, Coordinator
Email: law-masters@unimelb.edu.au
Phone: +61 3 8344 6190
Website: law.unimelb.edu.au
Additional delivery details
This subject has a quota of 30 students.
Enrolment is on a 'first in' basis. Waitlists are maintained for subjects that are fully subscribed.
Students should note priority of waitlisted places in subjects will be given as follows:
- To currently enrolled Graduate Diploma and Masters students with a satisfactory record in their degree
- To other students enrolling on a single subject basis, eg Community Access Program (CAP) students, cross-institutional study and cross-faculty study.
Please refer to the Melbourne Law Masters website for further information about the management of subject quotas and waitlists.
Melbourne Law School may reserve places in a subject for incoming international cohorts or where a subject is core to a specialisation with limited alternate options.
Last updated: 3 November 2022
Further information
- Texts
- Related Handbook entries
This subject contributes to the following:
- Links to additional information
- 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.
Please note Single Subject Studies via Community Access Program is not available to student visa holders or applicants
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.
- Available to Study Abroad and/or Study Exchange Students
Last updated: 3 November 2022