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Dispute Resolution - JURD7314
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Faculty: Faculty of Law
 
 
School:  Faculty of Law
 
 
Course Outline: See below
 
 
Campus: Kensington Campus
 
 
Career: Postgraduate
 
 
Units of Credit: 6
 
 
EFTSL: 0.12500 (more info)
 
 
Indicative Contact Hours per Week: 3
 
 
Enrolment Requirements:
 
 
Prerequisite: LAWS2311; JURD7211
 
 
Excluded: LAWS3314
 
 
Fee Band: 3 (more info)
 
 
Further Information: See Class Timetable
 
 

Description

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.

Course Objectives

At the completion of the program, students will be able to:
  • Review the development of the Alternative Dispute Resolution (ADR) continuum and the relationship to the law and legal processes
  • Identify key processes
  • Identify and analyse their comparative advantages and disadvantages
  • Demonstrate, at a basic level, the skills involved in the key processes. Particular attention is paid to negotiation and mediation and students have the opportunity to participate in role plays using these processes.
  • Demonstrate the effective and collaborative preparation for, engagement in and review of various ADR processes

Main Topics

  • The taxonomy of ADR and introduction to the most commonly encountered processes
  • The influence of group dynamics on ADR processes
  • Tools from the Harvard Negotiation Program
  • Development of some 'rules of thumb' which enhance the application of ADR principles in a group setting
  • Other influences on the ADR process such as behavioural preferences and communication styles
  • Communication in dispute resolution and developing a communication strategy
  • Various mediation role plays and debrief of case studies
A full course outline appears on www.strategicaction.com.au/UNSWUnder.html together with a set of handouts and casenotes.

Assessment

Attendance 20%
Group project 30%
Research paper 50%
Detailed information regarding each element of assessment may be found on www.strategicaction.com.au/UNSWUnder.html

Course Texts

Prescribed
Ury, W., Fisher, R., and Patton B., Getting to Yes: Negotiating Agreement without giving in, 2ED, Arrow Business Books, London, 1997

JURD7314 Reading Guide & Materials – to be downloaded from Blackboard.

Recommended
Astor, H and Chinkin, C., Dispute Resolution in Australia, Butterworths, 2nd edition. This text provides an excellent coverage of the field. If this is a field that interests you for the future, it is a good investment.

Resources

A full bibliography together with a list of suggested websites to visit appears at www.strategicaction.com.au/unswunder.html

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© The University of New South Wales (CRICOS Provider No.: 00098G), 2004-2011. The information contained in this Handbook is indicative only. While every effort is made to keep this information up-to-date, the University reserves the right to discontinue or vary arrangements, programs and courses at any time without notice and at its discretion. While the University will try to avoid or minimise any inconvenience, changes may also be made to programs, courses and staff after enrolment. The University may also set limits on the number of students in a course.