Offerings
View how LA4034 is offered in 2004
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LA4034:03

Alternative Dispute Resolution

Townsville, Cairns

HECS Band 3

Limited Attendance (February, April, June).

Staff:

Professor G Clark.

The subject provides a conceptual overview of the functions of arbitration, conciliation and mediation as modes of alternative dispute resolution (ADR) for public and private disputes. An introduction to competing modes of conflict analysis is provided. The statutory regimes and practices in which ADR is embedded in public and private international law and in Australian Federal and State law are examined. Comparisons are made with ADR regimes in Canada, Papua New Guinea and New Zealand where relevant.

Learning Objectives:

understand the specific modes of Alternative Dispute Resolution operating in Australia and how and why they have evolved;

analyse the different modes of ADR in comparative, historical and public policy terms;

enable students to understand the nature of conflicts and to evaluate the utility of ADR as an adjunct or alternative to the litigation process for settling disputes;

enable students to understand the functions of court-ordered mediation as part of the litigation process;

enable students to critique theories of ADR, conflict analysis, legal and non-legal processes relating to resolution of complex forms of conflict in different contexts and under different statutory regimes.

Assessment by examination (50%); essays (30%); assignments (20%).