Details for LAW307 Alternative Dispute Resolution

Not every dispute belongs in a courtroom. Alternative Dispute Resolution surveys the methods that resolve conflict without formal adjudication, from negotiation and mediation to arbitration and collaborative processes. You’ll build practical skills, examine commercial arbitration in New South Wales and consider international disputes, ethics and enforcement of outcomes. You’ll finish ready to choose and apply the right process across workplace, professional and societal settings.

Quick Stats

• Currently offered by Alphacrucis: Yes
• Course code: LAW307
• Credit points: 10

Subject Coordinator

Prerequisite

LAW105 Contract Law 2; LAW202 Constitutional Law 2; LAW205 Torts; LAW303 Legal Ethics and Professional Responsibility 

Unit Content

Outcomes

1. Analyse, synthesise and consolidate the variety of methods that may be adopted to resolve conflicts other than by formal adjudication.
2. Critically evaluate the range of dispute resolution techniques and the distinction between negotiation, mediation and arbitration.
3. Apply enhanced practical skills in mediation, adjudication and arbitration to solve problems across a diverse range of theoretical, professional, workplace and societal scenarios.
4. Identify the practice and the law relating to international commercial arbitration and negotiation, as well as various sets of commonly applied international arbitration rules and negotiation tactics.
5. Appraise the enforcement of ADR outcomes via court and tribunal proceedings, demonstrating your deep understanding of the role of lawyers in differing contexts.

Subject Content

1. Introduction to Alternative Dispute Resolution
2. Conflict and Communication
3. Introduction to ADR and the Role of Communication
4. Managing Conflict Resolution Processes
5. Mediation & Pre-Mediation Process
6. The Practice of Mediation
7. Determinative and Collaborative Processes
8. Process Selection & Skilled Based Intensive
9. Strategies, Challenges and Ethical Dilemmas
10. Commercial Arbitration in New South Wales
11. The Management of International Disputes – Part 1
12. The Management of International Disputes – Part 2
13. Examination

This course may be offered in the following formats

Face to Face on site

Please check the timetable to see when this subject will next be offered at Alphacrucis University College.

Assessment Methods

1. Practical Workshop Preparation & Participation (30%)
2. Negotiation Exercise (20%)
3. Final Examination (50%)

Prescribed Text

• Gregory Tillett, Resolving Conflict: A Practical Approach (4th ed., Oxford University Press, 2010) 
• Augusto Zimmermann and Gabriël Moens, Foundations of the Australian Legal System: History, Theory and Practice (LexisNexis, 2023) 363-408. 
• Melbourne University Law Review Association, Australian Guide to Legal Citation (Melbourne University Law Review Association, 4th ed, 2018) 

Check with your instructor before purchasing any textbooks