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Concepts and Controversies in Dispute Resolution - JURD7363
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Faculty: Faculty of Law
 
 
School:  School 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: 2
 
 
Enrolment Requirements:
 
 
36 UOC completed in Juris Doctor Program (9150)
 
 
Excluded: LAWS8063
 
 
CSS Contribution Charge:Band 3 (more info)
 
 
Tuition Fee:See Tuition Fee Schedule
 
 
Further Information: See Class Timetable
 
 

Description

This course focuses on critical examination of a small range of important and controversial topics in dispute resolution. Students are encouraged to engage with and discuss a range of key academic works and policy documents, and to think about how theory can be reconciled with the practical realities of dispute resolution in Australia and internationally.

Recommended Prior Knowledge

None

Course Objectives

  • Engage with a variety of perspectives of dispute resolution, both endorsing and critiquing dispute resolution;
  • Examine and debate the current trends in academic and policy literature, and reconcile these debates with the practice of mediation, arbitration, and other forms of dispute resolution;
  • Develop the capacity to think critically about independent and court-annexed dispute resolution, the scope of its practice, and regulation of its practitioners;
  • Acquire a theoretical basis for dispute resolution practice through an examination of academic and policy literature;
  • Appreciate the diversity of dispute resolution practice in Australia and internationally.

Main Topics

We will examine a range of current and emerging themes in dispute resolution, which may include:
  • The legal and policy framework of dispute resolution in Australia and internationally;
  • Dispute resolution, the doctrine of precedent, and ‘the shadow of the law’;
  • Cross-cultural perspectives on dispute resolution;
  • Power and neutrality in facilitative dispute resolution processes;
  • The development of ethical and professional regulation of dispute resolution;
  • Online dispute resolution;
  • Future trends in dispute resolution.

Assessment

Class participation: 20%
Essay: 80%

Course Texts

The course will use a collection of journal articles, policy documents and other sources. These will be available to students electronically through Blackboard.

Resources

Refer to the course outline which will be provided by the lecturer at the beginning of the relevant semester.

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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.