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(same as LW6126C/E and LW6526C/E Dispute Resolution in Theory and Practice)

This "Dispute Resolution in Theory and Practice" course is intended to introduce students to the legal and regulatory issues surrounding methods of dispute resolution aside from litigation. Specifically, the course focuses on the practical factors relevant to selecting appropriate dispute resolution methods in resolving conflicts in distinct circumstances, within the commercial sector.

Students will be provided with the resources to acquire a detailed theoretical and practical understanding of the contextual benefits and constraints associated with the use of different forms of dispute resolution methods in resolving conflicts of a commercial nature. Students will be further encouraged to develop their ability to evaluate the effectiveness of certain interventions, especially when used as an adjunct to court proceedings. The course tracks historic and current developments in relation to the use of Alternative Dispute Resolution (ADR), highlighting how government policy and the judiciary have supported ADR from the standpoint of developing more creditable and flexible forms of dispute resolution methods with the goal of allowing disputants the ability to effectively gain access to justice.

The primary objectives of the course are as follows:

• Identify broader social, economic and political issues underlying the developments taking place in the context of conflict resolution;
• Demonstrate a detailed understanding of the legal and regulatory issues surrounding dispute resolution processes, including negotiation, mediation, arbitration, adjudication and litigation;?
• Apply knowledge to the analysis and evaluation of complex dispute case scenarios, identify relevant strategies, risk factors, legal principles, and case law, and participate in critical discussions on the issues raised;?
• Demonstrate a detailed understanding of the concepts and principles that govern the choice of the most common dispute resolution processes;?
• Critically analyse and evaluate the relationship between different forms of dispute resolution techniques, and how one chooses the best method to adopt to minimise onea??s future exposure; and?
• Demonstrate a detailed understanding of the skills and attributes necessary to effectively advise and represent clients in the ADR process.