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 dispute resolution. This course review the development of the ADR continuum, identify key processes, analyse their comparative advantages and disadvantages, introduce students to the skills involved. Particular attention is paid to negotiation and mediation and students have the opportunity to participate in role plays using these processes. The course is delivered as an intensive program focussing on experiential learning.
Detailed information on the course is available at www.strategicaction.com.au/unsw