James Cook University Subject Handbook - 2022

BX3119 - Alternative Dispute Resolution

Subject Description

The subject introduces students to alternatives to litigation for resolving public and private disputes. The subject introduces concepts such as negotiation and mediation as well as providing an overview of arbitration and conciliation. The statutory regimes and practices in which ADR is embedded in Australia are considered. The subject has a practical orientation and requires participation in discussions, exercises and role-plays.

Learning Outcomes

• understand and analyse the nature of disputes and evaluate the utility of ADR as an alternative to the litigation process for settling disputes
• compare, contrast and analyse the different types of ADR operating in Australia
• identify, apply and critically analyse the main elements of distributive bargaining, integrative negotiation and mediation

Subject Assessment

• Written > Test/Quiz 1 - (50%) - Individual
• Written > Essay (including multi-draft) 1 - (30%) - Individual
• Written > Reflection/reflective task 1 - (20%) - Individual

Note that 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.

Inadmissible Subject Combinations:  BX2119 LA4034

Availabilities