LAW7071

Commercial alternative dispute resolution

Mr J Epstein and Ms M Slade

Intensive - Summer semester - City

Objectives On completion of this subject students should have (1) an acquaintance with and critical appreciation of the range of alternatives to litigation; (2) an understanding of the process and principles of mediation; (3) a practical understanding of the uses of mediation in Victoria; and (4) satisfied the requirements of the Law Institute for enrolment of the panel of eligible mediators (conditions apply).

Synopsis This subject will survey a variety of dispute resolution methods, gaining an understanding of the appropriateness of the use of each. The process of mediation will be explored in detail. Through simulation exercises, videos, and modelling students will gain practical skills to enable lawyers to aid their clients, particularly commercial clients, through mediation. Contrasts will be drawn between mediation theory and its application in the courts.

Assessment Two simulated mediation exercises: 50% - Research paper (4000 words): 50% or take-home examination: 50%.

Texts

To be advised

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