LAW7030

International and domestic dispute resolution ( 6 points, SCA Band 3, 0.125 EFTSL)

Leader: T.B.A.

Offered:
Not offered in 2005.

Synopsis: The nature of ADR and its use-both domestically and internationally, the key differences between mediation and arbitration, effectively and ethically serving as a mediator or arbitrator, e-commerce and ADR (including the U.S.'s new Uniform Computer Transactions Act (UCITA), drafting proper and enforceable agreements, issues in enforcing an arbitral award. Case studies will be used as appropriate

Objectives: On completion of this subject students will have 1) acquired a familiarity with the growth of Alternative Dispute Resolution (ADR)-on both the international and domestic levels-as a viable alternative to formal litigation; 2) detailed knowledge of the ADR processes available to the parties to an international dispute, with particular emphisis on the most frequently used processes-arbitration and mediation; 3) a review of the advocacy skills necessary in ADR proceedings as well as in effectively serving as a mediator or arbitrator; 4) the skills required to draft enforceable arbitration and mediation agreements; 5) an appreciation of the growing impact of e-commerce, in the subject matter of disputes and in their resolution, and 6) knowledge of the role that arbitration and mediation play in commercial dispute resolution in Australia and in the United States.

Assessment: Research assignment (3750 words): 40%; written examination: 40%; oral exercise 20%

Contact Hours: Intensive