General Information
Advanced Dispute Resolution is an elective subject in undergraduate programs offered by the Faculty of Law. This subject examines Dispute Resolution (DR) theory and practice, providing an overview of contemporary DR systems (including litigation, negotiation, mediation, conciliation, arbitration, and blended processes) and critically assesses the strengths and shortcomings of each. Particular attention is given to the appropriateness of different methods for different categories of dispute, and to the role of DR processes other than litigation in the legal system and DR as an important skill set for lawyers in the 21st century. Legal and professional issues arising out of DR developments are analysed. Parts of this subject will be taught through simulations and role play.
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Details
Academic unit: Faculty of Law Subject code: LAWS13-529 Subject title: Advanced Dispute Resolution Subject level: Undergraduate Semester/Year: May 2018 Credit points: 10.000 -
Delivery & attendance
Timetable: https://bond.edu.au/timetable Delivery mode: Standard Workload items: - Seminar: x12 (Total hours: 36) - Seminar
- Personal Study Hours: x12 (Total hours: 84) - Recommended Study Hours
Attendance and learning activities: -
Resources
Prescribed resources: Books
- L Boulle and R Field (2017). Australian Dispute Resolution Law and Practice. 1st, Australia LexisNexis
iLearn@Bond & Email: iLearn@Bond is the online learning environment at Bond University and is used to provide access to subject materials, lecture recordings and detailed subject information regarding the subject curriculum, assessment and timing. Both iLearn and the Student Email facility are used to provide important subject notifications. Additionally, official correspondence from the University will be forwarded to students’ Bond email account and must be monitored by the student. To access these services, log on to the Student Portal from the Bond University website as www.bond.edu.au
Class recordings: The primary workload items for this subject will be recorded for the purpose of revision.
These recordings are not a substitute for attending classes. Students are encouraged to attend all sessions as there may be instances where a session is not recorded due to the presence of a guest speaker, the inclusion of sensitive or protected content, or technical issues. Students are advised not to rely solely on these recordings for revision.
See the Recording policy for further details.
| Academic unit: | Faculty of Law |
|---|---|
| Subject code: | LAWS13-529 |
| Subject title: | Advanced Dispute Resolution |
| Subject level: | Undergraduate |
| Semester/Year: | May 2018 |
| Credit points: | 10.000 |
| Timetable: | https://bond.edu.au/timetable |
|---|---|
| Delivery mode: | Standard |
| Workload items: |
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| Attendance and learning activities: |
| Prescribed resources: | Books
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|---|---|
| iLearn@Bond & Email: | iLearn@Bond is the online learning environment at Bond University and is used to provide access to subject materials, lecture recordings and detailed subject information regarding the subject curriculum, assessment and timing. Both iLearn and the Student Email facility are used to provide important subject notifications. Additionally, official correspondence from the University will be forwarded to students’ Bond email account and must be monitored by the student. To access these services, log on to the Student Portal from the Bond University website as www.bond.edu.au |
| Class recordings: | The primary workload items for this subject will be recorded for the purpose of revision. These recordings are not a substitute for attending classes. Students are encouraged to attend all sessions as there may be instances where a session is not recorded due to the presence of a guest speaker, the inclusion of sensitive or protected content, or technical issues. Students are advised not to rely solely on these recordings for revision. See the Recording policy for further details. |
Enrolment requirements
| Requisites: |
Nil |
|---|---|
| Assumed knowledge: |
Assumed knowledge is the minimum level of knowledge of a subject area that students are assumed to have acquired through previous study. It is the responsibility of students to ensure they meet the assumed knowledge expectations of the subject. Students who do not possess this prior knowledge are strongly recommended against enrolling and do so at their own risk. No concessions will be made for students’ lack of prior knowledge. Admission into a Bachelor Law Degree OR Bachelor of Laws Combined Degree OR approved Study Abroad OR Exchange Student Anti-requisite - LAWS13-463 - Alternative Dispute Resolution |
| Restrictions: |
Nil |
Assurance of learning
Assurance of Learning means that universities take responsibility for creating, monitoring and updating curriculum, teaching and assessment so that students graduate with the knowledge, skills and attributes they need for employability and/or further study.
At Bond University, we carefully develop subject and program outcomes to ensure that student learning in each subject contributes to the whole student experience. Students are encouraged to carefully read and consider subject and program outcomes as combined elements.
Program Learning Outcomes (PLOs)
Program Learning Outcomes provide a broad and measurable set of standards that incorporate a range of knowledge and skills that will be achieved on completion of the program. If you are undertaking this subject as part of a degree program, you should refer to the relevant degree program outcomes and graduate attributes as they relate to this subject.
Subject Learning Outcomes (SLOs)
On successful completion of this subject the learner will be able to:
- ~ Demonstrate a knowledge of possible causes of conflict and disputes, and be able to list the ways in which individuals may respond to conflict; ~ Define key Dispute Resolution (DR) processes (including negotiation, mediation, conciliation, arbitration, litigation and blended processes); ~ Identify and compare the objectives and characteristics of these processes; and outline a number of potential advantages and disadvantages of each process from a variety of perspectives; ~ Describe the stages involved in a facilitative mediation process, and be able to compare this model of mediation with other models; ~ Describe the roles and functions of mediators and identify activities that are within and outside a mediator's mandate; ~ Describe the roles and functions of lawyers in Dispute Resolution processes and identify activities that are within and outside these roles; ~ Demonstrate a knowledge of key legal issues in relation to Dispute Resolution including the general nature of a dispute resolution clause, different types of dispute resolution clauses, prerequisites for enforceability of dispute resolution clauses and the requirements (or lack thereof) for good faith, honesty and openness in negotiation and mediation, and the nature and content of agreements to mediate; ~ Describe the current attitude of governments, courts and tribunals to Dispute Resolution.
- Demonstrate an understanding of: ~ the positive and negative consequences of conflict; ~ the conflicting values and goals of the DR movement; ~ the connection between society, culture and dispute resolution; ~ a variety of approaches to DR and their benefits and limitations; ~ issues for vulnerable clients in DR processes; ~ the characteristics of an effective negotiator and mediator, and the features of a successful negotiated or mediated agreement; ~ the way in which existing dispute resolution processes may be combined to create new dispute resolution processes; and the role of lawyers in DR processes other than litigation.
- ~ Distinguish between positional and interest-based approaches to negotiation; ~ Identify and describe a wide range of skills used by negotiators, mediators and lawyers representing clients in DR processes (and take some beginning steps towards acquisition of these skills); and ~ Advise clients about DR processes and preparing them for participation in a range of processes.
- ~ Display awareness of: the key ethical and professional responsibilities of lawyers who represent parties in negotiation; ~ Identify the values which underlie mediation; and ~ Identify some of the ethical dilemmas faced by negotiators, mediators, and legal representatives in Dispute Resolution processes.
Generative Artificial Intelligence in Assessment
The University acknowledges that Generative Artificial Intelligence (Gen-AI) tools are an important facet of contemporary life. Their use in assessment is considered in line with students’ development of the skills and knowledge which demonstrate learning outcomes and underpin study and career success. Instructions on the use of Gen-AI are given for each assessment task; it is your responsibility to adhere to these instructions.
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Assessment details
Type Task % Timing* Outcomes assessed *Class Participation Class Participation 15% Ongoing 1,2,3,4 Essay Written exercise and oral presentation 25% To Be Negotiated 1,2,3 Take-home Examination Please see iLearn for details 60% Non-Standard Examination Period 1,2 - * Assessment timing is indicative of the week that the assessment is due or begins (where conducted over multiple weeks), and is based on the standard University academic calendar
- C = Students must reach a level of competency to successfully complete this assessment.
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Assessment criteria
Assessment criteria
High Distinction 85-100 Outstanding or exemplary performance in the following areas: interpretative ability; intellectual initiative in response to questions; mastery of the skills required by the subject, general levels of knowledge and analytic ability or clear thinking. Distinction 75-84 Usually awarded to students whose performance goes well beyond the minimum requirements set for tasks required in assessment, and who perform well in most of the above areas. Credit 65-74 Usually awarded to students whose performance is considered to go beyond the minimum requirements for work set for assessment. Assessable work is typically characterised by a strong performance in some of the capacities listed above. Pass 50-64 Usually awarded to students whose performance meets the requirements set for work provided for assessment. Fail 0-49 Usually awarded to students whose performance is not considered to meet the minimum requirements set for particular tasks. The fail grade may be a result of insufficient preparation, of inattention to assignment guidelines or lack of academic ability. A frequent cause of failure is lack of attention to subject or assignment guidelines. Quality assurance
For the purposes of quality assurance, Bond University conducts an evaluation process to measure and document student assessment as evidence of the extent to which program and subject learning outcomes are achieved. Some examples of student work will be retained for potential research and quality auditing purposes only. Any student work used will be treated confidentially and no student grades will be affected.
| Type | Task | % | Timing* | Outcomes assessed |
|---|---|---|---|---|
| *Class Participation | Class Participation | 15% | Ongoing | 1,2,3,4 |
| Essay | Written exercise and oral presentation | 25% | To Be Negotiated | 1,2,3 |
| Take-home Examination | Please see iLearn for details | 60% | Non-Standard Examination Period | 1,2 |
- * Assessment timing is indicative of the week that the assessment is due or begins (where conducted over multiple weeks), and is based on the standard University academic calendar
- C = Students must reach a level of competency to successfully complete this assessment.
Assessment criteria
| High Distinction | 85-100 | Outstanding or exemplary performance in the following areas: interpretative ability; intellectual initiative in response to questions; mastery of the skills required by the subject, general levels of knowledge and analytic ability or clear thinking. |
|---|---|---|
| Distinction | 75-84 | Usually awarded to students whose performance goes well beyond the minimum requirements set for tasks required in assessment, and who perform well in most of the above areas. |
| Credit | 65-74 | Usually awarded to students whose performance is considered to go beyond the minimum requirements for work set for assessment. Assessable work is typically characterised by a strong performance in some of the capacities listed above. |
| Pass | 50-64 | Usually awarded to students whose performance meets the requirements set for work provided for assessment. |
| Fail | 0-49 | Usually awarded to students whose performance is not considered to meet the minimum requirements set for particular tasks. The fail grade may be a result of insufficient preparation, of inattention to assignment guidelines or lack of academic ability. A frequent cause of failure is lack of attention to subject or assignment guidelines. |
Quality assurance
For the purposes of quality assurance, Bond University conducts an evaluation process to measure and document student assessment as evidence of the extent to which program and subject learning outcomes are achieved. Some examples of student work will be retained for potential research and quality auditing purposes only. Any student work used will be treated confidentially and no student grades will be affected.
Study Information
Submission procedures
Students must check the iLearn@Bond subject site for detailed assessment information and submission procedures.
Policy on late submission and extensions
A late penalty will be applied to all overdue assessment tasks unless an extension is granted by the subject coordinator. The standard penalty will be 10% of marks awarded to that assessment per day late with no assessment to be accepted seven days after the due date. Where a student is granted an extension, the penalty of 10% per day late starts from the new due date.
Academic Integrity
University’s Academic Integrity Policy defines plagiarism as the act of misrepresenting as one’s own original work: another’s ideas, interpretations, words, or creative works; and/or one’s own previous ideas, interpretations, words, or creative work without acknowledging that it was used previously (i.e., self-plagiarism). The University considers the act of plagiarising to be a breach of the Student Conduct Code and, therefore, subject to the Discipline Regulations which provide for a range of penalties including the reduction of marks or grades, fines and suspension from the University.
Bond University utilises Originality Reporting software to inform academic integrity.Feedback on assessment
Feedback on assessment will be provided to students within two weeks of the assessment submission due date, as per the Assessment Policy.
Accessibility and Inclusion Support
If you have a disability, illness, injury or health condition that impacts your capacity to complete studies, exams or assessment tasks, it is important you let us know your special requirements, early in the semester. Students will need to make an application for support and submit it with recent, comprehensive documentation at an appointment with a Disability Officer. Students with a disability are encouraged to contact the Disability Office at the earliest possible time, to meet staff and learn about the services available to meet your specific needs. Please note that late notification or failure to disclose your disability can be to your disadvantage as the University cannot guarantee support under such circumstances.
Additional subject information
Subject curriculum
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The Nature of Conflict
Identification of possible causes of conflict and the ways in which individuals may respond to it; the positive and negative consequences of conflict; the conflicting values and goals of the “ADR movement.
SLOs included
- ~ Demonstrate a knowledge of possible causes of conflict and disputes, and be able to list the ways in which individuals may respond to conflict; ~ Define key Dispute Resolution (DR) processes (including negotiation, mediation, conciliation, arbitration, litigation and blended processes); ~ Identify and compare the objectives and characteristics of these processes; and outline a number of potential advantages and disadvantages of each process from a variety of perspectives; ~ Describe the stages involved in a facilitative mediation process, and be able to compare this model of mediation with other models; ~ Describe the roles and functions of mediators and identify activities that are within and outside a mediator's mandate; ~ Describe the roles and functions of lawyers in Dispute Resolution processes and identify activities that are within and outside these roles; ~ Demonstrate a knowledge of key legal issues in relation to Dispute Resolution including the general nature of a dispute resolution clause, different types of dispute resolution clauses, prerequisites for enforceability of dispute resolution clauses and the requirements (or lack thereof) for good faith, honesty and openness in negotiation and mediation, and the nature and content of agreements to mediate; ~ Describe the current attitude of governments, courts and tribunals to Dispute Resolution.
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Dispute Resolution Processes
Definition (and classification systems) of a range of dispute resolution processes (including negotiation, mediation, arbitration and litigation); identification and comparison of the usual characteristics of these processes and their potential advantages and disadvantages from a variety of perspectives; development of criteria for judging the effectiveness and appropriateness of various dispute resolution processes for particular disputes.
SLOs included
- ~ Demonstrate a knowledge of possible causes of conflict and disputes, and be able to list the ways in which individuals may respond to conflict; ~ Define key Dispute Resolution (DR) processes (including negotiation, mediation, conciliation, arbitration, litigation and blended processes); ~ Identify and compare the objectives and characteristics of these processes; and outline a number of potential advantages and disadvantages of each process from a variety of perspectives; ~ Describe the stages involved in a facilitative mediation process, and be able to compare this model of mediation with other models; ~ Describe the roles and functions of mediators and identify activities that are within and outside a mediator's mandate; ~ Describe the roles and functions of lawyers in Dispute Resolution processes and identify activities that are within and outside these roles; ~ Demonstrate a knowledge of key legal issues in relation to Dispute Resolution including the general nature of a dispute resolution clause, different types of dispute resolution clauses, prerequisites for enforceability of dispute resolution clauses and the requirements (or lack thereof) for good faith, honesty and openness in negotiation and mediation, and the nature and content of agreements to mediate; ~ Describe the current attitude of governments, courts and tribunals to Dispute Resolution.
- Demonstrate an understanding of: ~ the positive and negative consequences of conflict; ~ the conflicting values and goals of the DR movement; ~ the connection between society, culture and dispute resolution; ~ a variety of approaches to DR and their benefits and limitations; ~ issues for vulnerable clients in DR processes; ~ the characteristics of an effective negotiator and mediator, and the features of a successful negotiated or mediated agreement; ~ the way in which existing dispute resolution processes may be combined to create new dispute resolution processes; and the role of lawyers in DR processes other than litigation.
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The approach of the Courts and Tribunal to ADR
Court- connected ADR schemes; mediation and case- appraisal in Queensland; comparison of Australian and UK approaches to mediation.
SLOs included
- ~ Demonstrate a knowledge of possible causes of conflict and disputes, and be able to list the ways in which individuals may respond to conflict; ~ Define key Dispute Resolution (DR) processes (including negotiation, mediation, conciliation, arbitration, litigation and blended processes); ~ Identify and compare the objectives and characteristics of these processes; and outline a number of potential advantages and disadvantages of each process from a variety of perspectives; ~ Describe the stages involved in a facilitative mediation process, and be able to compare this model of mediation with other models; ~ Describe the roles and functions of mediators and identify activities that are within and outside a mediator's mandate; ~ Describe the roles and functions of lawyers in Dispute Resolution processes and identify activities that are within and outside these roles; ~ Demonstrate a knowledge of key legal issues in relation to Dispute Resolution including the general nature of a dispute resolution clause, different types of dispute resolution clauses, prerequisites for enforceability of dispute resolution clauses and the requirements (or lack thereof) for good faith, honesty and openness in negotiation and mediation, and the nature and content of agreements to mediate; ~ Describe the current attitude of governments, courts and tribunals to Dispute Resolution.
- Demonstrate an understanding of: ~ the positive and negative consequences of conflict; ~ the conflicting values and goals of the DR movement; ~ the connection between society, culture and dispute resolution; ~ a variety of approaches to DR and their benefits and limitations; ~ issues for vulnerable clients in DR processes; ~ the characteristics of an effective negotiator and mediator, and the features of a successful negotiated or mediated agreement; ~ the way in which existing dispute resolution processes may be combined to create new dispute resolution processes; and the role of lawyers in DR processes other than litigation.
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Negotiation
Major approaches to negotiation; the characteristics of an effective negotiator and the features of a successful negotiated agreement; the limitations of interest-based negotiation.
SLOs included
- ~ Demonstrate a knowledge of possible causes of conflict and disputes, and be able to list the ways in which individuals may respond to conflict; ~ Define key Dispute Resolution (DR) processes (including negotiation, mediation, conciliation, arbitration, litigation and blended processes); ~ Identify and compare the objectives and characteristics of these processes; and outline a number of potential advantages and disadvantages of each process from a variety of perspectives; ~ Describe the stages involved in a facilitative mediation process, and be able to compare this model of mediation with other models; ~ Describe the roles and functions of mediators and identify activities that are within and outside a mediator's mandate; ~ Describe the roles and functions of lawyers in Dispute Resolution processes and identify activities that are within and outside these roles; ~ Demonstrate a knowledge of key legal issues in relation to Dispute Resolution including the general nature of a dispute resolution clause, different types of dispute resolution clauses, prerequisites for enforceability of dispute resolution clauses and the requirements (or lack thereof) for good faith, honesty and openness in negotiation and mediation, and the nature and content of agreements to mediate; ~ Describe the current attitude of governments, courts and tribunals to Dispute Resolution.
- Demonstrate an understanding of: ~ the positive and negative consequences of conflict; ~ the conflicting values and goals of the DR movement; ~ the connection between society, culture and dispute resolution; ~ a variety of approaches to DR and their benefits and limitations; ~ issues for vulnerable clients in DR processes; ~ the characteristics of an effective negotiator and mediator, and the features of a successful negotiated or mediated agreement; ~ the way in which existing dispute resolution processes may be combined to create new dispute resolution processes; and the role of lawyers in DR processes other than litigation.
- ~ Distinguish between positional and interest-based approaches to negotiation; ~ Identify and describe a wide range of skills used by negotiators, mediators and lawyers representing clients in DR processes (and take some beginning steps towards acquisition of these skills); and ~ Advise clients about DR processes and preparing them for participation in a range of processes.
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Mediation
Discussion of a number of analytical models of mediation; identification of conflicting values and objectives of mediation; description of the stages involved in the mediation process; description of the role and functions of mediators; role of legal representatives and parties in mediation.
SLOs included
- ~ Demonstrate a knowledge of possible causes of conflict and disputes, and be able to list the ways in which individuals may respond to conflict; ~ Define key Dispute Resolution (DR) processes (including negotiation, mediation, conciliation, arbitration, litigation and blended processes); ~ Identify and compare the objectives and characteristics of these processes; and outline a number of potential advantages and disadvantages of each process from a variety of perspectives; ~ Describe the stages involved in a facilitative mediation process, and be able to compare this model of mediation with other models; ~ Describe the roles and functions of mediators and identify activities that are within and outside a mediator's mandate; ~ Describe the roles and functions of lawyers in Dispute Resolution processes and identify activities that are within and outside these roles; ~ Demonstrate a knowledge of key legal issues in relation to Dispute Resolution including the general nature of a dispute resolution clause, different types of dispute resolution clauses, prerequisites for enforceability of dispute resolution clauses and the requirements (or lack thereof) for good faith, honesty and openness in negotiation and mediation, and the nature and content of agreements to mediate; ~ Describe the current attitude of governments, courts and tribunals to Dispute Resolution.
- Demonstrate an understanding of: ~ the positive and negative consequences of conflict; ~ the conflicting values and goals of the DR movement; ~ the connection between society, culture and dispute resolution; ~ a variety of approaches to DR and their benefits and limitations; ~ issues for vulnerable clients in DR processes; ~ the characteristics of an effective negotiator and mediator, and the features of a successful negotiated or mediated agreement; ~ the way in which existing dispute resolution processes may be combined to create new dispute resolution processes; and the role of lawyers in DR processes other than litigation.
- ~ Distinguish between positional and interest-based approaches to negotiation; ~ Identify and describe a wide range of skills used by negotiators, mediators and lawyers representing clients in DR processes (and take some beginning steps towards acquisition of these skills); and ~ Advise clients about DR processes and preparing them for participation in a range of processes.
- ~ Display awareness of: the key ethical and professional responsibilities of lawyers who represent parties in negotiation; ~ Identify the values which underlie mediation; and ~ Identify some of the ethical dilemmas faced by negotiators, mediators, and legal representatives in Dispute Resolution processes.
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Advisory and determinative processes
Conciliation, mini-trial, arbitration, case appraisal, ENE.
SLOs included
- ~ Demonstrate a knowledge of possible causes of conflict and disputes, and be able to list the ways in which individuals may respond to conflict; ~ Define key Dispute Resolution (DR) processes (including negotiation, mediation, conciliation, arbitration, litigation and blended processes); ~ Identify and compare the objectives and characteristics of these processes; and outline a number of potential advantages and disadvantages of each process from a variety of perspectives; ~ Describe the stages involved in a facilitative mediation process, and be able to compare this model of mediation with other models; ~ Describe the roles and functions of mediators and identify activities that are within and outside a mediator's mandate; ~ Describe the roles and functions of lawyers in Dispute Resolution processes and identify activities that are within and outside these roles; ~ Demonstrate a knowledge of key legal issues in relation to Dispute Resolution including the general nature of a dispute resolution clause, different types of dispute resolution clauses, prerequisites for enforceability of dispute resolution clauses and the requirements (or lack thereof) for good faith, honesty and openness in negotiation and mediation, and the nature and content of agreements to mediate; ~ Describe the current attitude of governments, courts and tribunals to Dispute Resolution.
- Demonstrate an understanding of: ~ the positive and negative consequences of conflict; ~ the conflicting values and goals of the DR movement; ~ the connection between society, culture and dispute resolution; ~ a variety of approaches to DR and their benefits and limitations; ~ issues for vulnerable clients in DR processes; ~ the characteristics of an effective negotiator and mediator, and the features of a successful negotiated or mediated agreement; ~ the way in which existing dispute resolution processes may be combined to create new dispute resolution processes; and the role of lawyers in DR processes other than litigation.
- ~ Display awareness of: the key ethical and professional responsibilities of lawyers who represent parties in negotiation; ~ Identify the values which underlie mediation; and ~ Identify some of the ethical dilemmas faced by negotiators, mediators, and legal representatives in Dispute Resolution processes.
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Dispute Resolution Clauses/Dispute Systems Design
Identification and drafting of different types of dispute resolution clauses, including those using a systems approach to dispute resolution; the current prerequisites for enforceability of dispute resolution clauses. Definitions and process of DSD; principles of DSD, common applications.
SLOs included
- ~ Demonstrate a knowledge of possible causes of conflict and disputes, and be able to list the ways in which individuals may respond to conflict; ~ Define key Dispute Resolution (DR) processes (including negotiation, mediation, conciliation, arbitration, litigation and blended processes); ~ Identify and compare the objectives and characteristics of these processes; and outline a number of potential advantages and disadvantages of each process from a variety of perspectives; ~ Describe the stages involved in a facilitative mediation process, and be able to compare this model of mediation with other models; ~ Describe the roles and functions of mediators and identify activities that are within and outside a mediator's mandate; ~ Describe the roles and functions of lawyers in Dispute Resolution processes and identify activities that are within and outside these roles; ~ Demonstrate a knowledge of key legal issues in relation to Dispute Resolution including the general nature of a dispute resolution clause, different types of dispute resolution clauses, prerequisites for enforceability of dispute resolution clauses and the requirements (or lack thereof) for good faith, honesty and openness in negotiation and mediation, and the nature and content of agreements to mediate; ~ Describe the current attitude of governments, courts and tribunals to Dispute Resolution.
- Demonstrate an understanding of: ~ the positive and negative consequences of conflict; ~ the conflicting values and goals of the DR movement; ~ the connection between society, culture and dispute resolution; ~ a variety of approaches to DR and their benefits and limitations; ~ issues for vulnerable clients in DR processes; ~ the characteristics of an effective negotiator and mediator, and the features of a successful negotiated or mediated agreement; ~ the way in which existing dispute resolution processes may be combined to create new dispute resolution processes; and the role of lawyers in DR processes other than litigation.
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Other legal issues
Confidentiality and immunity, good faith participation.
SLOs included
- ~ Demonstrate a knowledge of possible causes of conflict and disputes, and be able to list the ways in which individuals may respond to conflict; ~ Define key Dispute Resolution (DR) processes (including negotiation, mediation, conciliation, arbitration, litigation and blended processes); ~ Identify and compare the objectives and characteristics of these processes; and outline a number of potential advantages and disadvantages of each process from a variety of perspectives; ~ Describe the stages involved in a facilitative mediation process, and be able to compare this model of mediation with other models; ~ Describe the roles and functions of mediators and identify activities that are within and outside a mediator's mandate; ~ Describe the roles and functions of lawyers in Dispute Resolution processes and identify activities that are within and outside these roles; ~ Demonstrate a knowledge of key legal issues in relation to Dispute Resolution including the general nature of a dispute resolution clause, different types of dispute resolution clauses, prerequisites for enforceability of dispute resolution clauses and the requirements (or lack thereof) for good faith, honesty and openness in negotiation and mediation, and the nature and content of agreements to mediate; ~ Describe the current attitude of governments, courts and tribunals to Dispute Resolution.
- Demonstrate an understanding of: ~ the positive and negative consequences of conflict; ~ the conflicting values and goals of the DR movement; ~ the connection between society, culture and dispute resolution; ~ a variety of approaches to DR and their benefits and limitations; ~ issues for vulnerable clients in DR processes; ~ the characteristics of an effective negotiator and mediator, and the features of a successful negotiated or mediated agreement; ~ the way in which existing dispute resolution processes may be combined to create new dispute resolution processes; and the role of lawyers in DR processes other than litigation.
- ~ Display awareness of: the key ethical and professional responsibilities of lawyers who represent parties in negotiation; ~ Identify the values which underlie mediation; and ~ Identify some of the ethical dilemmas faced by negotiators, mediators, and legal representatives in Dispute Resolution processes.
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Special Issues in Dispute Resolution
1. The connection between society, culture and dispute resolution. 2. Comparison of domestic and international dispute resolution. 3. The ethical and professional responsibilities of lawyers who represent parties in negotiation and mediation and the ethics of lawyer mediators; Collaborative Law and a contractual model of ADR ethics.
SLOs included
- ~ Demonstrate a knowledge of possible causes of conflict and disputes, and be able to list the ways in which individuals may respond to conflict; ~ Define key Dispute Resolution (DR) processes (including negotiation, mediation, conciliation, arbitration, litigation and blended processes); ~ Identify and compare the objectives and characteristics of these processes; and outline a number of potential advantages and disadvantages of each process from a variety of perspectives; ~ Describe the stages involved in a facilitative mediation process, and be able to compare this model of mediation with other models; ~ Describe the roles and functions of mediators and identify activities that are within and outside a mediator's mandate; ~ Describe the roles and functions of lawyers in Dispute Resolution processes and identify activities that are within and outside these roles; ~ Demonstrate a knowledge of key legal issues in relation to Dispute Resolution including the general nature of a dispute resolution clause, different types of dispute resolution clauses, prerequisites for enforceability of dispute resolution clauses and the requirements (or lack thereof) for good faith, honesty and openness in negotiation and mediation, and the nature and content of agreements to mediate; ~ Describe the current attitude of governments, courts and tribunals to Dispute Resolution.
- Demonstrate an understanding of: ~ the positive and negative consequences of conflict; ~ the conflicting values and goals of the DR movement; ~ the connection between society, culture and dispute resolution; ~ a variety of approaches to DR and their benefits and limitations; ~ issues for vulnerable clients in DR processes; ~ the characteristics of an effective negotiator and mediator, and the features of a successful negotiated or mediated agreement; ~ the way in which existing dispute resolution processes may be combined to create new dispute resolution processes; and the role of lawyers in DR processes other than litigation.
- ~ Distinguish between positional and interest-based approaches to negotiation; ~ Identify and describe a wide range of skills used by negotiators, mediators and lawyers representing clients in DR processes (and take some beginning steps towards acquisition of these skills); and ~ Advise clients about DR processes and preparing them for participation in a range of processes.
- ~ Display awareness of: the key ethical and professional responsibilities of lawyers who represent parties in negotiation; ~ Identify the values which underlie mediation; and ~ Identify some of the ethical dilemmas faced by negotiators, mediators, and legal representatives in Dispute Resolution processes.