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Unit (2019)

Information on this page, including unit offerings, is from the 2019 academic year.

Alternative Dispute Resolution (LLB391)

School School of Law
Credit Points 3
Availability MURDOCH: T1-internal
Description This unit will explore the variety of methods that may be adopted to resolve conflicts other than by way of binding third party intervention, including negotiation, conciliation, mediation, arbitration and blended processes.
Unit Learning Outcomes On successful completion of the unit you should be able to:
1. Explain conflict management as an opportunity for empowerment, recognition and reconciliation.
2. Advise clients on how to recognise disputes that are suitable for alternative dispute resolution (ADR), and how to participate in ADR processes.
3. Describe and distinguish among a variety of styles of ADR
4. Analyse a dispute to determine its nature and cause, and the efficacy of ADR in resolving it
5. Describe and explain a basic model of mediation, including the roles of mediators and participants
6. Make an assessment of the knowledge, skills and aptitudes that are needed in ADR processes
7. Critically evaluate the use of ADR in particular areas of law
Timetabled Learning Activities This unit will be running intensively over five days 21st to 25th January.
Unit Learning Experiences 1. Identify and describe the main alternative dispute resolution processes, understand the form and dynamics of these processes, and be able to compare them to each other.
2. Reflect upon the characteristics of alternative processes and their relation to each other.
3. Understand the knowledge, skills, and attributes required of mediators, negotiators, and arbitrators.
4. Identify what additional learning experiences and skills would be necessary if you desired to serve in these roles.
5. Demonstrate your capacity for reflection on your personal learning in the Unit, along with the processes introduced in the lectures and expanded in the workshop sessions.
Assessment An essay, an e-learning assessment and an exam.
Prerequisites Successful completion of all part 1 LLB units
Exclusions Students who have successfully completed LAW321/LAW421/LEG321/LEG221/LEG391/LLB391 Dispute Resolution or LLB291/LEG291/LEG391/BSL391 Alternative Dispute Resolution may not enrol in this unit for credit may not enrol in this unit for credit.
Previously 2016: LLB291; 2015: LLB391
2015: 'Dispute Resolution'
Appears in these Courses/Majors:
see individual structures for context
Law (LLB); (LLB(Hons)) [New in 2014]
Law + Arts [Combined] (LLB)+(BA)
Law + Arts [Combined] (LLB)+(BA) [New in 2014]
Law + Business [Combined] (LLB)+(BBus)
Law + Business [Combined] (LLB)+(BBus) [New in 2014]
Law + Commerce [Combined] (LLB)+(BCom)
Law + Communication [Combined] (BCommun)+(LLB)
Law + Criminology [Combined] (BCrim)+(LLB) [New in 2018]
Law + Global Security [Combined] (LLB)+(BGS) [New in 2019]
Law + International Business [Combined] (LLB)+(BIB)
Law + Psychology [Combined] (LLB)+(BA) [New in 2018]
Law + Psychology [Combined] (LLB)+(BSc)
Law + Science [Combined] (LLB)+(BSc) [New in 2014]
Law - Graduate Entry (LLB) [New in 2017]
Internet Access RequirementsMurdoch units normally include an online component comprising materials, discussions, lecture recordings and assessment activities. All students, regardless of their location or mode of study, need to have access to and be able to use computing devices with browsing capability and a connection to the Internet via Broadband (Cable, ADSL or Mobile) or Wireless. The Internet connection should be readily available and allow large amounts of data to be streamed or downloaded (approximately 100MB per lecture recording). Students also need to be able to enter into online discussions and submit assignments online.
Alternative Dispute Resolution (BSL391) - as for LLB391 except as follows
School School of Law
Credit Points 3
Availability KAPLAN-SGP: TMA-internal
MURDOCH: S2K-internal, S2K-external
Unit Learning Outcomes This unit investigates what methods of dispute resolution are available other than litigation. It surveys the various dispute resolution processes including negotiation, mediation, arbitration and mixed processes. The overall objectives are to give students some familiarity with the process and some experience in choosing the most appropriate process to resolve a particular dispute.
Learning outcomes for this unit are:
1. Explain conflict management as an opportunity for empowerment, recognition and reconciliation.
2. Advise clients on how to recognise disputes that are suitable for alternative dispute resolution (ADR), and how to participate in ADR processes.
3. Describe and distinguish among a variety of styles of ADR.
4. Analyse a dispute and determine its nature and cause, and the efficacy of ADR in resolving it.
5. Describe and explain a basic model of mediation, including the roles of mediators and participants.
6. Make an assessment of the knowledge, skills and aptitudes that are needed in ADR processes.
Timetabled Learning Activities This unit will be running intensively over five days.
All offerings of this unit include the equivalent of 30 hours of structured learning.
Unit Learning Experiences Dispute Resolution can be a very exciting and different unit for you if you come to all the lectures and engage throughout the lectures. Each week the lecture will include theory and sometimes some exercises over the two hour duration. There is time to ask questions and reflect on the subjects that are discussed. Students are expected to engage in discussion. This unit is different from most Business Law units that you will have to complete and will require an open mind to be able to learn new skills that you will be able to use in your career as well as your personal life. It is vital you attend the lecturers and read the subscribed chapters of the book before coming to the lecture.
Other Learning Experiences Online learning activities
Assessment There are 3 assessments for this unit.
Reflective Essay 50% Summative assessment aligned with learning outcomes 1,2 and 5
Exam 40% 2 hours closed book summative assessment aligned with learning outcomes 1,2,3,4 and 6
E-Learning Exercise 10% online E-learning exercise aligned with learning outcomes 3 and 4
Prerequisites Successful completion of BSL165 Foundations of Business Law/Principles of Commercial Law or CRM100 Introduction to Criminology
Exclusions Students who have successfully completed LAW321 /LAW421/ LEG221/LEG321 Dispute Resolution or LAW367/LLB291/LEG291/LLB391/LEG391 Alternative Dispute Resolution may not enrol in this unit for credit.
Appears in these Courses/Majors:
see individual structures for context
Criminology
Business Law (BBus) [New in 2019]
Business Law (BBus) [New in 2014]
Business Law (BCom) [New in 2018]
Appears in these Minors Business Law
Internet Access RequirementsMurdoch units normally include an online component comprising materials, discussions, lecture recordings and assessment activities. All students, regardless of their location or mode of study, need to have access to and be able to use computing devices with browsing capability and a connection to the Internet via Broadband (Cable, ADSL or Mobile) or Wireless. The Internet connection should be readily available and allow large amounts of data to be streamed or downloaded (approximately 100MB per lecture recording). Students also need to be able to enter into online discussions and submit assignments online.
Alternative Dispute Resolution (LEG391) - as for LLB391 except as follows
School School of Law
Credit Points 3
Availability MURDOCH: S2K-internal, S2K-external
Unit Learning Outcomes On successful completion of the unit you should be able to:
1. Explain conflict management as an opportunity for empowerment, recognition and reconciliation
2. Advise clients on how to recognise disputes that are suitable for alternative dispute resolution (ADR), and how to participate in ADR processes
3. Describe and distinguish among a variety of styles of ADR
4. Analyse a dispute to determine its nature and cause, and the efficacy of ADR in resolving it
5. Describe and explain a basic model of mediation, including the roles of mediators and participants
6. Make an assessment of the knowledge, skills and aptitudes that are needed in ADR processes
7. Critically evaluate the use of ADR in particular areas of law
Timetabled Learning Activities This unit will be running intensively over five days.
Unit Learning Experiences Dispute Resolution can be a very exciting and different unit for you if you come to all the lectures and engage throughout the lectures. Each week the lecture will include theory and sometimes some exercises over the two hour duration. There is time to ask questions and reflect on the subjects that are discussed. Students are expected to engage in discussion. This unit is different from most Legal units that you will have to complete and will require an open mind to be able to learn new skills that you will be able to use in your career as well as your personal life. It is vital you attend the lecturers and read the subscribed chapters of the book before coming to the lecture.
Assessment There are 3 assessments for this unit. Reflective Essay 50% Summative assessment aligned with learning outcomes 1,2 and 5 Exam 40% 2 hours closed book summative assessment aligned with learning outcomes 1,2,3,4 and 6 E-Learning Exercise 10% online E-learning exercise aligned with learning outcomes 3 and 4
Prerequisites Successful completion of LEG100 Law, Justice and Social Policy or LEG150/BUS150 Australian Legal System or BUS165 Principles of Commercial Law or BSL165 Foundations of Business Law
Exclusions Students who have successfully completed LAW321/LAW421/LEG321/LEG221/LEG391/LLB391 Dispute Resolution or LAW367/LLB291/LEG291/LLB391/BSL391 Alternative Dispute Resolution may not enrol in this unit for credit.
Previously 2016: LEG291; 2015: LEG391
2015: 'Dispute Resolution'
Appears in these Courses/Majors:
see individual structures for context
Bachelor of Criminology (BCrim) [New in 2018]
Crime Science (BCrim) [New in 2018]
Criminal Behaviour (BCrim) [New in 2018]
Criminology + Communication [Combined] (BCrim)+(BCommun)
Criminology + Forensic Biology and Toxicology [Combined] (BCrim)+(BSc)
Criminology + Global Security [Combined] (BCrim)+(BGS) [New in 2019]
Criminology + Psychology [Combined] (BCrim)+(BA) [New in 2018]
Law + Criminology [Combined] (BCrim)+(LLB) [New in 2018]
Legal Studies (BCrim) [New in 2018]
White Collar and Corporate Crime (BCrim)
Appears in these Minors Law and Justice
Internet Access RequirementsMurdoch units normally include an online component comprising materials, discussions, lecture recordings and assessment activities. All students, regardless of their location or mode of study, need to have access to and be able to use computing devices with browsing capability and a connection to the Internet via Broadband (Cable, ADSL or Mobile) or Wireless. The Internet connection should be readily available and allow large amounts of data to be streamed or downloaded (approximately 100MB per lecture recording). Students also need to be able to enter into online discussions and submit assignments online.

Contacts

Unit Coordinator
LLB391
Ms Natalie van der Waarden
Senior Lecturer

Murdoch Campus
t: 9360 6018
e: n.vanderwaarden@murdoch.edu.au
o: 460.2.028 - Economics, Commerce and Law, Murdoch Campus
BSL391
Ms Natalie van der Waarden
Senior Lecturer

Murdoch Campus
t: 9360 6018
e: n.vanderwaarden@murdoch.edu.au
o: 460.2.028 - Economics, Commerce and Law, Murdoch Campus
LEG391
Ms Natalie van der Waarden
Senior Lecturer

Murdoch Campus
t: 9360 6018
e: n.vanderwaarden@murdoch.edu.au
o: 460.2.028 - Economics, Commerce and Law, Murdoch Campus
Unit Contacts
LLB391

MURDOCH: T1-Internal
Ms Natalie van der Waarden
Senior Lecturer

Murdoch Campus
t: 9360 6018
e: n.vanderwaarden@murdoch.edu.au
o: 460.2.028 - Economics, Commerce and Law, Murdoch Campus
BSL391

KAPLAN-SGP: TMA-Internal
MURDOCH: S2K-External
MURDOCH: S2K-Internal
Ms Natalie van der Waarden
Senior Lecturer

Murdoch Campus
t: 9360 6018
e: n.vanderwaarden@murdoch.edu.au
o: 460.2.028 - Economics, Commerce and Law, Murdoch Campus
LEG391

MURDOCH: S2K-External
MURDOCH: S2K-Internal
Ms Natalie van der Waarden
Senior Lecturer

Murdoch Campus
t: 9360 6018
e: n.vanderwaarden@murdoch.edu.au
o: 460.2.028 - Economics, Commerce and Law, Murdoch Campus
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