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Exchange Information for Law Students
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LAWS3365 Alternative Dispute Resolution
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The availability of units in Semester 1, 2, etc. was correct at the time of going to press but may be subject to change.
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| Credit: 6 points Availability: Semester 1, Semester 2 Old unit code: 200.365
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| Outcomes: Students are 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) demonstrate an understanding of negotiation skills and aptitudes; (4) describe and distinguish among a variety of styles of ADR; (5) analyse a dispute to determine its nature and cause, and the efficacy of ADR in resolving it; (6) describe and explain a basic model of mediation, including the roles of mediators and participants; (7) make an assessment of the knowledge, skills and aptitudes that are needed in ADR processes; and (8) critically evaluate the use of ADR in particular areas of law. |
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Content: 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 processes, rudimentary skills in using them and some experience in choosing the most appropriate process to use to resolve a particular dispute. The unit includes exercises which examine students' adversarial and competitive attitudes and challenge students to change or modify their behaviour and attitudes.
In summary, the unit seeks to moderate the influence of the traditional law school experience by exposing students to the increasing body of knowledge and insight which now exists on how conflict may be dealt with in our society without resorting to litigation. |
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Assessment: Students are required to present a group tutorial (20 per cent); write a 3000-word essay (50 per cent); prepare for, participate in and keep a journal of experiential exercises conducted throughout the semester (15 per cent); and sit for a small in-class test in the last week of semester (15 per cent).
Supplementary assessment is not available in this unit except in the case of a bachelor's pass degree student who has obtained a mark of 45 to 49 and is currently enrolled in this unit, and it is the only remaining unit that the student must pass in order to complete their course. |
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| Unit Co-ordinator(s): Jill Howieson |
| Location: UWA (Crawley) |
| Mode: on-campus |
Unit Rules: |
| Prerequisites: LAWS1130 Legal Process |
Unit Web Page: http://www.uwa.edu.au/page/98355 |
| Note: Some unit web pages are still under construction and will be available in 2009. |
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| Note: If students are planning to study both LAWS3336 Negotiation and Mediation and LAWS3365 Alternative Dispute Resolution, it is strongly recommended that students study LAWS3365 Alternative Dispute Resolution first. |
Texts
Tillett, G. and French, B. Resolving Conflict, 3rd ed.: OUP 2006 |
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Assistance with study skills, including English language skills,
is available free of charge from Student Services for all enrolled students
(see http://www.studysmarter.uwa.edu.au/).
Student Services location: Second Floor, South Wing, Guild Village; telephone: 6488 2423. |
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Books and other material wherever listed may be subject to change.
Book lists relating to 'Preliminary Reading', 'Recommended Reading' and 'Textbooks' are, in most cases, available at the University Co-operative Bookshop (from early January) and appropriate administrative offices for students to consult. For first-year units the Bookshop will endeavour to make available photocopies of book lists for individual units. Books marked with an asterisk (*) are available in paperback.
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Unit Resources
Unit Coordinator
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