MLL228 - Alternative Dispute Resolution: Principles and Practice
Unit details
| Year: | 2023 unit information |
|---|---|
| Enrolment modes: | Trimester 1: Online |
| Credit point(s): | 1 |
| Previously coded as: | MLL328 |
| Unit Chair: | Trimester 1: Tania Penovic |
| Prerequisite: | MLL213 |
| Corequisite: | Nil |
| Incompatible with: | MLL328 |
| Typical study commitment: | Students will on average spend 150 hours over the teaching period undertaking the teaching, learning and assessment activities for this unit. |
| Scheduled learning activities - campus: | 1 x 2 hour class and 1 x 1 hour seminar per week |
| Scheduled learning activities - online: | 1 x 2 hour class (recordings provided) and 1 x 1 hour online seminar per week |
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.
| ULO | These are the Learning Outcomes (ULO) for this unit. At the completion of this unit, successful students can: | Deakin Graduate Learning Outcomes |
|---|---|---|
| ULO1 | Explain the development and application of ADR processes in Australia for the settlement of commercial community and family disputes. | GLO1: Discipline-specific knowledge and capabilities |
| ULO2 | Identify and reflect on the sources and dynamics of conflicts, as well as the advantages and disadvantages of different approaches to resolving disputes | GLO4: Critical thinking |
| ULO3 | Work collaboratively to apply legal knowledge and key ADR methods to facilitate solutions to legal disputes. | GLO1: Discipline-specific knowledge and capabilities |
| ULO4 | Explain and evaluate major controversial issues surrounding ADR. | GLO4: Critical thinking |
Assessment
| Assessment Description | Student output | Grading and weighting (% total mark for unit) | Indicative due week |
|---|---|---|---|
| Assessment 1: ADR exercise Part A: (Group of 5) Video Recording Part B: (Individual) Written reflection | Part A: 12 minutes Part B: 1000 words | Part A: 15% Part B: 25% | Part A: Week 7 Part B: Week 8 |
| End-of-unit assessment task | 2000 words | 60% | End-of-unit assessment period |
The assessment due weeks provided may change. The Unit Chair will clarify the exact assessment requirements, including the due date, at the start of the teaching period.
Learning Resource
The texts and reading list for the unit can be found on the University Library via the link below: MLL228 Note: Select the relevant trimester reading list. Please note that a future teaching period's reading list may not be available until a month prior to the start of that teaching period so you may wish to use the relevant trimester's prior year reading list as a guide only.
Unit Fee Information
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