Dispute Resolution 733514
|
|
|
|
Description
To view the materials on the LMS/Blackboard Dispute Resolution subject page, please click here.
This subject will introduce students to the theory and practice of dispute resolution. Students will appreciate that many conflicts never become disputes, that many disputes are never litigated, and that many civil cases in which proceedings are commenced are settled without a trial or judgment. The reasons for these various outcomes will be considered. The main stages of the civil litigation process will also be analysed, and students will acquire an understanding of how adversarial processes work. The essential features of negotiation, mediation, arbitration and other primary dispute resolution options will be considered. Students will have the opportunity to acquire and use dispute resolution skills. Topics will include:
- the nature of disputes;
- theories of adjudication;
- theories of disputing behaviour;
- the similarities and differences between dispute avoidance, prevention, management and resolution;
- the historical development of dispute resolution processes;
- cross-cultural perspectives of dispute resolution processes;
- the stages in the conduct of a civil proceeding, including identification of jurisdiction, the initiation of proceedings, service, pleadings, judgment and enforcement;
- the contribution of law and economics literature to analysis of civil justice processes and reforms;
- ethical issues that arise in dispute resolution contexts;
- the relationship between dispute resolution processes, access to justice and law reform.
PreRequisites
Legal Method and Reasoning.
