LAW316 Dispute Resolution (8)

This subject examines the range of dispute resolution methods that are available (eg adjudication, arbitration, conciliation, mediation, negotiation and hybrid methods) and how to use them to achieve desired results in various settings. Comparisons of methods and systems design are undertaken; and alternatives to court processes are scrutinised including the use of Ombudsman schemes and conflict management in both public and private settings.

Availability

Session 3 (90)
Online
Wagga Wagga Campus

Continuing students should consult the SAL for current offering details: LAW316. Where differences exist between the Handbook and the SAL, the SAL should be taken as containing the correct subject offering details.

Subject Information

Grading System

HD/FL

Duration

One session

School

School of Accounting and Finance

Enrolment Restrictions

Not available to students who have completed LAW516.

Subject Relationships

LAW516 Paired Subject

Incompatible Subjects

LAW516

Learning Outcomes

Upon successful completion of this subject, students should:
  • be able to critically analyse both the role and the dispute resolution methods of courts and lawyers and compare adversarial with non-adversarial legal systems;
  • be able to differentiate between alternative methods of dispute resolution and evaluate when they might be applied, either separately or in conjunction with one another, in different institutional and private settings; and
  • be able to evaluate systems and methods to resolve complaints and disputes in various settings, both public and private.

Syllabus

This 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; role of lawyers;
  • 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 coaching;
  • Conflict management and dispute systems;
  • Advantages and disadvantages of different methods of dispute resolution; and
  • Online dispute resolution.

Indicative Assessment

The following table summarises the assessment tasks for the online offering of LAW316 in Session 3 2019. Please note this is a guide only. Assessment tasks are regularly updated and can also differ to suit the mode of study (online or on campus).

Item Number
Title
Value %
1
Critical essay
30
2
Dispute system analysis and critique
45
3
Weekly forum participation and leadership
25

The information contained in the CSU Handbook was accurate at the date of publication: February 2020. The University reserves the right to vary the information at any time without notice.

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