LA4034 - Alternative Dispute Resolution

Credit points:	03
Year:	2008
Student Contribution Band:	Band 3
Administered by:	School of Law Office

The subject introduces students to alternatives to litigation for resolving public and private disputes as well as consideration of broader concepts of conflict. The course introduces concepts such as negotiation, dispute prevention, and dispute management techniques and mediation as well as providing an overview of arbitration and conciliation. The statutory regimes and practices in which ADR is embedded in Australia is considered. Consideration is also given to competing modes of conflict analysis suitable to legal, commercial and non-legal arenas. The subject has a practical orientation and requires participation in discussions, exercises and role-plays.

Learning Outcomes

• 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;
• 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;
• understand the specific modes of Alternative Dispute Resolution operating in Australia and how and why they have evolved;
• enable students to demonstrate their ability to select appropriate dispute resolution models relevant to specific disputes.

Graduate Qualities

• The ability to adapt knowledge to new situations;
• The ability to define and to solve problems in at least one discipline area;
• The ability to think critically, to analyse and evaluate claims, evidence and arguments, and to reason and deploy evidence clearly and logically;
• The ability to deploy critically evaluated information to practical ends;
• An understanding of the economic, legal, ethical, social and cultural issues involved in the use of information;
• The ability to select and organise information and to communicate it accurately, cogently, coherently, creatively and ethically;
• The ability to speak and write clearly, coherently and creatively;
• The ability to communicate effectively with a range of audiences;
• The ability to lead, manage and contribute effectively to teams;
• The ability to work with people of different gender, age, ethnicity, culture, religion and political persuasion;
• The ability to work individually and independently.

Prerequisites:

(LA1101 and LA1102 and LA1103 and LA1104) or (LA1007 and LA1006) or LA1002

Availabilities
Townsville, Limited, Study Period 11
Census Date 19-Dec-2008
Face to face teaching (Teaching over three 2 day periods: 4/5, 11/12, 18/19 December)
Coordinator:	Mr Sean Johnson
Lecturer:	Mr Neil Dunbar.
Contact hours:	26 hours lectures 12 hours workshops/Seminars
Assessment:	end of semester exam (50%); essays (30%); assignments (20%).
Restrictions:	An enrolment quota applies to this offering.
Cairns, Limited, Study Period 11
Census Date 19-Dec-2008
Face to face teaching (Teaching over three 2 day periods: 1/2, 8/9, 15/16 December)
Coordinator:	Mr Sean Johnson
Lecturer:	Mr Neil Dunbar.
Contact hours:	26 hours lectures 12 hours workshops/Seminars
Assessment:	end of semester exam (50%); essays (30%); assignments (20%).

Note: Minor variations might occur due to the continuous Subject quality improvement process, and in case of minor variation(s) in assessment details, the Subject Outline represents the latest official information.