LAWS6102

Alternative Dispute Resolution

10 Units

The course examines Dispute Resolution as an additional process to the conventional litigated dispute. This course provides students with an introduction to conflict theory, the opportunity to recognise and critically evaluate additional forms of dispute resolution so as to be equipped to identify what type of dispute resolution is an appropriate medium to resolve a conflict. The essential features of negotiations, mediation, arbitration and other primary dispute resolution options will be considered. Students will have the opportunity to acquire and use dispute resolution skills. Students will
consider the legal implications of choosing a particular dispute resolution process.

Faculty Faculty of Business and Law
School Newcastle Law School
Availability Semester 2 - 2018 (Newcastle City Precinct)
Learning Outcomes

On successful completion of this course, students will be able to:

  1. Demonstrate specialised and advanced knowledge the sources of legal disputes or conflicts, and a developed capacity to understand and use the language of dispute resolution.
  2. Demonstrate an advanced knowledge of the processes of non-litigious dispute resolution.
  3. Identify all the options by which disputes or conflict can be resolved or managed using specialized knowledge and demonstrate advanced skills in selecting the best dispute resolution process for a particular dispute.
  4. Demonstrate the specialised skills required for professional practice in non-litigious dispute resolution.
  5. Analyse critically and reflect on complex theories of non-litigious dispute resolution.
Content

The topics in this course include the following:

  1. Conflict and dispute resolution
  2. Negotiation
  3. Mediation
  4. Collaborative practice
  5. Arbitration
  6. Family Law and ADR
  7. Non adversarial approaches to Criminal Law
  8. ADR and technology
  9. Other dispute resolution processes
Requisites
  • This course is only available to students enrolled in the Juris Doctor/ Graduate Diploma in Legal Practice program.
Replacing Course(s) This course replaces the following course(s): LAWS6031. Students who have successfully completed LAWS6031 are not eligible to enrol in LAWS6102.
Assumed Knowledge LAWS6000, LAWS6001, LAWS6002A, LAWS6002B, LAWS6003A, LAWS6003B, LAWS6004A, LAWS6004B, LAWS6005
Assessment Items
  • Written Assignment: Essay
  • In Term Test: Take home mid-term test
  • Participation: Class Participation

Contact Hours

Newcastle City Precinct

Online Activity

Online 1 hour(s) per Week for Full Term starting week 2

Seminar

Face to Face On Campus 2 hour(s) per Week for Full Term

Timetable 2018 Course Timetables for LAWS6102
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