MLL328 - Alternative Dispute Resolution: Principles and Practice

Year: 2018 unit information
Enrolment modes: Trimester 2: Burwood (Melbourne), Cloud (online)
Credit point(s): 1
EFTSL value: 0.125
Unit chair:

N Lin

Prerequisite:

MLL213 and MLL391

Corequisite:

Nil

Incompatible with:

Nil

Contact hours:

Campus: 1 x 2 hour class and 1 x 1 hour seminar per week

Cloud(online): Learning resources are via CloudDeakin

Content

There has been an exponential developments of Alternative Dispute Resolution (ADR) programs both inside and outside the courts in Australia over the last three decades. As a growing number of clients choose to settle their disputes outside of the courtroom, it is becoming increasingly critical for contemporary lawyers to understand how ADR works, what areas it covers, and how it can be used more effectively. This unit on Alternative Dispute Resolution is the study of alternatives to court adjudication. This unit provides a broad overview of legal issues relevant to negotiators, mediators, arbitrators, and policy makers. It is designed to provide an in-depth examination of the legal issues surrounding ADR. This unit focuses on the primary processes of ADR, namely: negotiation, mediation, arbitration (including domestic and international commercial arbitration) and hybrid procedures.

 

The unit covers a wide range of topics, including theories of conflict resolution, multi-door approach to dispute resolution, principles and characteristics of ADR, the negotiation process, neutrality and impartiality of mediator, international commercial arbitration, ADR in family conflicts, restorative justice programs, and confidentiality and admissibility in ADR processes.

Assessment

Assessment 1 (Individual) – Policy-based Research Paper (3000 words) – 40%
Examination (open book) –  2 hours - 60%

Unit Fee Information

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