Alternative Dispute Resolution in Practice - LAWS3314
Faculty: Faculty of Law
School: Faculty of Law
Course Outline: See below
Campus: Sydney
Career: Undergraduate
Units of Credit: 6
EFTSL: 0.12500 (more info)
Indicative Contact Hours per Week: 3
Enrolment Requirements:
Pre-requisite: Resolving Civil Disputes (LAWS2371/JURD7271) OR Litigation 1 (LAWS2311/JURD7211).
Excluded: JURD7314, LAWS8314
CSS Contribution Charge: 1 (more info)
Tuition Fee: See Tuition Fee Schedule
Further Information: See Class Timetable
View course information for previous years.
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 follows on from Resolving Civil Disputes, investigating and giving practical experience in a range of alternative forms of dispute resolution including negotiation, facilitation, mediation, group process and conciliation. It requires students to identify and analyse examples of the interface between the outcomes of non-adjudicative dispute resolution processes and what might be termed 'black-letter law' such as contract and revenue law. Taught experientially, with emphasis on collaborative work and experiential learning, this course is particularly useful for students intending to practise in some area of conflict resolution.
Recommended Prior Knowledge
Course Objectives
- 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
Assessment
Group project - 30%
Research paper - 50%
Course Texts
Prescribed
- Fisher, R, Ury, W and Patton B, Getting to Yes – Negotiating Agreement Without Giving In (Penguin Books, revised 3rd ed, 2011)
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.
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