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LAWS77-773: Dispute Resolution: Theories and Principles

Description

Dispute Resolution: Theories and Principles is an elective subject in postgraduate programs offered by the Faculty of Law. This subject provides an overview and analysis of contemporary forms of dispute resolution (DR), including what has in the past been referred to as alternative dispute resolution (ADR). Students will develop knowledge about conflict and disputes, and about the value propositions behind different conflict interventions. The subject introduces theories and principles of negotiation, mediation, conciliation, arbitration and litigation, and to hybrid systems embracing more than one of these processes. It examines current and emerging dispute resolution trends, both local and global. All practices and trends are analysed in terms of the Rule of Law and justice values. 

Subject details

Type: Postgraduate Subject
Code: LAWS77-773
EFTSL: 0.125
Faculty: Faculty of Law
Semesters offered:
  • January 2022 [Non-Standard Offering]
  • January 2023 [Non-Standard Offering]
  • January 2023 [Non-Standard Offering]
Credit: 10
Subject fees:
  • Commencing in 2021: $5,250.00
  • Commencing in 2022: $5,310.00
  • Commencing in 2023: $5,450.00
  • Commencing in 2021: $5,710.00
  • Commencing in 2022: $5,710.00
  • Commencing in 2023: $5,860.00

Learning objectives

1. Identify and apply the fundamental principles of dispute resolution theory to practical scenarios. 1. Identify and apply the fundamental principles of dispute resolution theory to practical scenarios. 2. Compare and contrast various dispute resolution processes from a variety of cross-disciplinary and cross-cultural perspectives. 2. Compare and contrast various dispute resolution processes from a variety of cross-disciplinary and cross-cultural perspectives. 3. Critically analyse theoretical and ethical underpinnings of dispute resolution in the context of judicial fairness, procedural fairness, and the rule of law. 3. Critically analyse theoretical and ethical underpinnings of dispute resolution in the context of judicial fairness, procedural fairness, and the rule of law. 4. Write a research paper based on the critical analysis of legal research related to dispute resolution theories and principles. 4. Write a research paper based on the critical analysis of legal research related to dispute resolution theories and principles.

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.

Juris Doctor students are expected to have completed a minimum of 80 credit points of compulsory law subjects.

Restrictions:

Students must be enrolled into a Masters law degree OR LA-43040 Doctor of Legal Science (Research) OR be an approved Law Study Abroad or Law Exchange student.

This subject is not available as a general elective. To be eligible for enrolment, the subject must be specified in the students’ program structure.

Anti-requisites:

Subject dates

  • Non-Standard Offering
    Enrolment opens: 14/11/2021
    Semester start: 17/01/2022
    Subject start: 17/01/2022
    Cancellation 1: 30/01/2022
    Cancellation 2: 02/02/2022
    Last enrolment: 28/01/2022
    Withdraw - Financial: 11/02/2022
    Withdraw - Academic: 27/02/2022
    Teaching census: 10/02/2022
  • Non-Standard Offering
    Enrolment opens: 13/11/2022
    Semester start: 16/01/2023
    Subject start: 16/01/2023
    Cancellation 1: 30/01/2023
    Cancellation 2: 06/02/2023
    Last enrolment: 29/01/2023
    Withdraw - Financial: 11/02/2023
    Withdraw - Academic: 04/03/2023
    Teaching census: 10/02/2023
  • Non-Standard Offering
    Enrolment opens: 13/11/2022
    Semester start: 16/01/2023
    Subject start: 16/01/2023
    Cancellation 1: 30/01/2023
    Cancellation 2: 06/02/2023
    Last enrolment: 29/01/2023
    Withdraw - Financial: 11/02/2023
    Withdraw - Academic: 04/03/2023
    Teaching census: 10/02/2023
Non-Standard Offering
Enrolment opens: 14/11/2021
Semester start: 17/01/2022
Subject start: 17/01/2022
Cancellation 1: 30/01/2022
Cancellation 2: 02/02/2022
Last enrolment: 28/01/2022
Withdraw - Financial: 11/02/2022
Withdraw - Academic: 27/02/2022
Teaching census: 10/02/2022