|Dispute Resolution - JURD7314|
Most legal education in common law systems scrutinises the interpretation and development of the law via decisions made by courts in the process of litigation. This fosters the assumption that litigation, or legal advice predicting the outcome of litigation, is the normal method of resolving disputes. In fact only a small proportion of disputes are resolved by litigation and there is a growing dissatisfaction with the cost, speed and adversarial character of litigation, and a corresponding interest in alternative forms of non-adjudicative dispute resolution. This course provides students with the opportunity to identify, explore, participate in and evaluate a range of alternative forms of dispute resolution. It also requires students to identify and analyse examples of the interface between the outcomes of non-adjudicative dispute resolution processes (such as mediation) and what might be termed 'black-letter law' such as contract and revenue law.
Recommended Prior Knowledge
Students are required to have completed JURD7211 Litigation 1.
At the completion of the program, students will be able to:
A full course outline appears on www.strategicaction.com.au/UNSWUnder.html together with a set of handouts and casenotes.
Group project 30%
Research paper 50%
Detailed information regarding each element of assessment may be found on www.strategicaction.com.au/UNSWUnder.html
A full bibliography together with a list of suggested websites to visit appears at www.strategicaction.com.au/unswunder.html