Abstract
This subject examines the range of dispute resolution methods that are available (eg adjudication, arbitration, conciliation, mediation, negotiation and hybrid methods) and how to use them to achieve desired results in various settings. Comparisons of methods and systems design are undertaken; and alternatives to court processes are scrutinised including the … For more content click the Read More button below.
Syllabus
Formal and informal methods of dispute resolution;Public versus private resolution;Existence and functions of industry Ombudsman;Public and private complaint mechanisms;Court processes, civil law versus common law, civil/criminal law distinction; role of lawyers;Arbitration rules, national and international;Arbitration facilities;Dispute resolution organisations;Rent-a-judge;Mini trial, early neutral evaluation;Fact finding;Facilitation;Differences between conciliation and mediation;Methods of negotiation;Conflict coaching;Conflict … For more content click the Read More button below.
Learning outcomes
Upon successful completion of this subject, students should:
1.
be able to critically analyse both the role and the dispute resolution methods of courts and lawyers and compare adversarial with non-adversarial legal systems;
2.
be able to differentiate between alternative methods of dispute resolution and evaluate when they might be applied, either separately or in conjunction with one another, in different institutional and private settings; and
3.
be able to evaluate systems and methods to resolve complaints and disputes in various settings, both public and private.
Enrolment restrictions
Not available to students who have completed LAW516.