LAW157 Alternative Dispute Resolution

Updated: 19 March 2019
Credit Points 6
Offering
Location Teaching Period Mode of Study
Armidale Trimester 2 Online
Armidale Trimester 2 On Campus
Intensive School(s) None
Supervised Exam There is a supervised exam at the end of the teaching period in which you are enrolled. The paper-based exam will be held at an established exam venue, and coordinated by UNE Exams Unit.
Pre-requisites None
Co-requisites None
Restrictions LS257 or LS357
Notes None
Combined Units None
Coordinator(s) Paul Akon (sakon@une.edu.au)
Unit Description

This unit examines the scope and application of Alternative Dispute Resolution (ADR) processes. Topics include ADR in civil matters, such as arbitration, negotiation, conciliation, and mediation. Additional topics include ADR in the criminal jurisdiction, and Australian Indigenous Peoples' DR processes.

Materials Textbook information will be displayed approximately 8 weeks prior to the commencement of the teaching period. Please note that textbook requirements may vary from one teaching period to the next.
Disclaimer Unit information may be subject to change prior to commencement of the teaching period.
Assessment Assessment information will be published prior to commencement of the teaching period.
Learning Outcomes (LO) Upon completion of this unit, students will be able to:
  1. demonstrate an understanding of the differences between the adversarial legal system and a variety of ADR methods i.e., negotiation, mediation, conciliation and arbitration; the roles of those who participate in ADR; how approaches to private disputes differ from public disputes; and have an awareness of an Australian Indigenous Peoples perspective of ADR processes;
  2. use cognitive and creative skills to analyse the nature of disputes and evaluate the utility of ADR as an alternative to litigation for resolving disputes;
  3. demonstrate an ability to identify matters that are suitable for ADR; employ basic listening skills; and recognise the importance of using initiative and judgement in advising clients on how to participate in negotiation and mediation sessions to achieve interest-based goals; and
  4. demonstrate an ability to communicate advice regarding ADR methods with clarity and coherence.