COMPARATIVE DISPUTE RESOLUTION

LAW3CDR

Not currently offered

Credit points: 15

Subject outline

Globalisation has increased interconnectedness between states and among peoples including in relation to trade and commerce, family relationships and between states. This has led to an increase in disputes and the corresponding need to have the right process for the right type of dispute. In this subject, students will engage in a comparative study of dispute resolution processes and procedures that may be used in domestic and international dispute contexts. In doing so they will learn how to select the best process based on the nature and context of the dispute. Students will also engage in comparative analysis of the mediation process and practice and learn about issues relating to ethics and the enforcement of mediated outcomes.  Cross-cultural issues that arise in dispute resolution will be explored.

SchoolLa Trobe Law School

Credit points15

Subject Co-ordinatorLola Akin Ojelabi

Available to Study Abroad StudentsYes

Subject year levelYear Level 3 - UG

Exchange StudentsYes

Subject particulars

Subject rules

Prerequisites LAW1DR and LAW1LIM

Co-requisitesN/A

Incompatible subjectsN/A

Equivalent subjectsN/A

Special conditionsN/A

Graduate capabilities & intended learning outcomes

01. Analyse and evaluate the appropriateness of dispute resolution processes in various contexts.

Activities:
Activities in seminars including analysis of different scenarios. Listening to lectures and completing required reading.
Related graduate capabilities and elements:
Inquiry and Analytical Skills (Critical Thinking,Creative Problem-solving,Inquiry/Research)
Inquiry and Analytical Skills (Critical Thinking,Creative Problem-solving,Inquiry/Research)
Discipline -Specific Knowledge and Skills (Discipline-Specific Knowledge and Skills)

02. Critically appraise the practice and regulation of mediation in selected jurisdictions.

Activities:
Activities in seminars including analysis of different scenarios. Listening to lectures and completing required reading. Online activities.
Related graduate capabilities and elements:
Inquiry and Analytical Skills (Critical Thinking,Creative Problem-solving,Inquiry/Research)
Inquiry and Analytical Skills (Critical Thinking,Creative Problem-solving,Inquiry/Research)
Discipline -Specific Knowledge and Skills (Discipline-Specific Knowledge and Skills)

03. Critically analyse issues relating to cultural difference in dispute resolution and how they are addressed.

Activities:
Discussions in seminars; attending and listening to lectures. Activities in seminars including analysis of different scenarios
Related graduate capabilities and elements:
Inquiry and Analytical Skills (Critical Thinking,Creative Problem-solving,Inquiry/Research)
Inquiry and Analytical Skills (Critical Thinking,Creative Problem-solving,Inquiry/Research)
Discipline -Specific Knowledge and Skills (Discipline-Specific Knowledge and Skills)

04. Conduct and present comparative research into topical issues in dispute resolution.

Activities:
Discussions in seminars; attending and listening to lectures.
Related graduate capabilities and elements:
Literacies and Communication Skills (Speaking)
Inquiry and Analytical Skills (Critical Thinking,Creative Problem-solving,Inquiry/Research)
Inquiry and Analytical Skills (Critical Thinking,Creative Problem-solving,Inquiry/Research)
Inquiry and Analytical Skills (Critical Thinking,Creative Problem-solving,Inquiry/Research)
Discipline -Specific Knowledge and Skills (Discipline-Specific Knowledge and Skills)

Subject options

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Subject not currently offered - Subject options not available.