This unit (LLW3002) of study provides an introduction to alternative dispute resolution. The unit explains the theory underlying the causes of conflict and critically reflects on dispute resolution with a focus on commercial and other disputes in Victoria and Australia. It explains and demonstrates the differing approaches and objectives of processes across the ADR spectrum, and compares ADR to litigious dispute resolution channels. It explores the differences between court-based ADR and non-court ADR, outlines practitioner obligations in ADR, enforcement of ADR outcomes, and confidentiality and admissibility in ADR processes. It challenges students to think about ADR system design and the role and impact of cultural, societal and technological factors on the relevance and suitability of ADR processes to resolve disputes.
Unit details
Location:
Online Real Time
Study level:
Undergraduate
Credit points:
12
Unit code:
LLW3002
Prerequisites
BLB1101 - Australian Legal System in Context
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Learning Outcomes
| 1. | Explain and apply ADR theory and practice to disputes, both individually and as part of a group ADR process, | ||
| 2. | Critically analyse current legal issues in ADR, utilising growing lifelong learning skills to develop relevant ideas and perspectives; and | ||
| 3. | Explain the practical, policy and philosophical factors affecting ADR as a form of dispute resolution within the Victorian/Australian justice system, and the system of global trade, with reference to a developing understanding of the impact of culture, society and technology. |
Assessment
| Assessment type | Description | Grade |
|---|---|---|
| Test | Quizzes | 20% |
| Assignment | Letter of advice | 25% |
| Presentation | Presentation on ADR issues | 15% |
| Assignment | Written assessment | 40% |
Required reading
Alternative Dispute Resolution 5th edition
Tania Sourdin, 2016
Thomson Reuters
Where to next?
As part of a course
This unit is studied as part of the following courses. Refer to the course page for information on how to apply for the course.
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