2007 Handbooks

Dispute resolution schemes now dominate the practice of law at many levels. Most notably, before just about any litigation can take place in Australia, parties have to address their minds to whether they should embark upon a process of dispute resolution. This unit addresses the following issues in order that students have an understanding of: the various types of dispute resolution processes in operation in Australia and overseas; the nature of conflict and how it impacts on society; the necessary skills required of negotiators when negotiating; the concepts of adversarial and principled negotiation; the theory, philosophy and process of negotiation, mediation and arbitration; the legal issues surrounding the practice of dispute resolution in Australia; the role of state control of disputation and the impact of statutory schemes; the empowerment issues surrounding the practice of dispute resolution in Australia; the quality of process, success rates, training, accreditation and management of dispute resolution in Australia; how to draft an enforceable dispute resolution clause for insertion into a contract; how to manage disputation before resolution is required.