LAW5315 - Commercial alternative dispute resolution - 2017

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Faculty

Law

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Unit guides

Offered

City (Melbourne)

  • Second semester 2017 (On-campus block of classes)

Notes

For postgraduate Law discontinuation dates, please see http://www.monash.edu/law/current-students/postgraduate/pg-jd-discontinuation-dates

For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html

Previously coded as LAW7071

Synopsis

Commercial alternative dispute resolution methods and the process of mediation. The uses, benefits and limitations of various ADR processes are critically examined. The impact of ADR on the legal system and the development of law are considered. Including participation in simulation exercises, the Unit offers knowledge to assist legal representatives and other students to maximise the value of a range of ADR processes.

Outcomes

On completion of this unit students should have:

  1. an acquaintance with and critical appreciation of the range of alternatives to commercial litigation
  2. an understanding of the process and principles of mediation
  3. a practical understanding of the uses of a range of commercial ADR processes.

Assessment

  1. Participation in two simulated mediation exercises (assessed in class) PLUS a Reflective Journal on the student's mediation exercise experiences

  2. words) Value: 40%

  3. Research paper (4,500 words) Value 60%

    OR

  4. Take-home exam (4,500 words) Value: 60%

Workload requirements

24 contact hours per semester (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements)

Chief examiner(s)