LAW516 Dispute Resolution: Methods and Results (8)
CSU Discipline Area: Management (MANAG)
Duration: One session
Abstract:
This subject examines the range of dispute resolution methods that are available (eg adjudication, arbitration, conciliation, mediation, negotiation) and how to use them to achieve desired results. Comparisons of methods and systems design are undertaken; alternatives to court processes are scrutinised including the use of Ombudsman schemes (both private and public) and conflict management in both public and private settings.
+ Subject Availability Modes and Locations
| Session 3 | |
|---|---|
| Distance | Wagga Wagga |
Continuing students should consult the SAL for current offering details: LAW516
Where differences exist between the Handbook and the SAL, the SAL should be taken as containing the correct subject offering details.
Enrolment restrictions:
Postgraduate students only
Objectives:
Upon successful completion of this subject, students should:
- be able to describe and distinguish the various methods of dispute resolution;
- be able to recognise when to use a particular method of dispute resolution and/or how to use methods in conjunction with one another;
- be able to explain the main features of adjudication, arbitration, conciliation, mediation and negotiation;
- be able to compare and contrast adversarial with non-adversarial legal systems;
- be able to explain how courts differ from tribunals;
- be able to outline and explain applications in different settings; community, institutional, commercial, professional, legal, family;
- be able to discuss management and dispute systems design.
Syllabus:
The subject will cover the following topics:
- Formal and informal methods of dispute resolution; - Public versus private resolution; - Existence and functions of industry Ombudsman; - Public and private complaint mechanisms; - Court processes, civil law versus common law, civil/criminal law distinction; - Arbitration rules, national and international; - Arbitration facilities; - Dispute resolution organisations; - Rent-a-judge; - Mini trial, early neutral evaluation; - Fact finding; - Facilitation; - Differences between conciliation and mediation; - Methods of negotiation; - Conflict management and dispute systems - Advantages and disadvantages of different methods of dispute resolution - Online dispute resolution
The information contained in the 2013 CSU Handbook was accurate at the date of publication: 24 April 2013. The University reserves the right to vary the information at any time without notice.