77761 Dispute Resolution in Commerce
6cp
Requisite(s): 79771c Dispute Resolution (PG) AND 60 credit points of completed study in C04148 Master of Law and Legal Practice
These requisites may not apply to students in certain courses.
There are also course requisites for this subject. See access conditions.
PostgraduateSubject coordinator: Marilyn Scott (Senior Lecturer)
This subject explores the application of dispute resolution theory, practical skills and systems development to the commercial/corporate environment, including the causes of disputes within a corporation and between commercial enterprises.
Topics include:
- the range of dispute resolution processes applicable to commercial disputes, particularly the advisory and determinative processes including conciliation and the various forms of arbitration
- the criteria for selecting the appropriate dispute resolution processes in a complex commercial matter
- the negotiation dynamic of coalition building and the single page text
- strategies for improving decision analysis and decision making in the bargaining phase of a dispute resolution process
- the role of risk tolerance and risk analysis in resolving disputes
- the legal framework for some commercial dispute resolution processes including mandatory mediation for mining lease and pastoral disputes under Native Title, Franchising Code and Farm Debt
- the role of tribunals, commissions and ombuds services in commercial dispute resolution
- online dispute resolution and dispute resolution in e-commerce
- new approaches to commercial dispute resolution including Concise Dispute Resolution and Collaborative Law
- case law on enforceability of dispute resolution clauses and settlement agreements.
This subject is conducted in intensive three-day mode and assessment is based on written paper on an area of research selected by the student and a presentation of the research area in a class seminar.
2007 contribution for post-2004 Commonwealth-supported students: $624.50
2007 amount for undergraduate domestic fee-paying students: $2,070.00
Subject EFTSL: 0.125
Note: The above fees are applicable in 2007 for Commonwealth-supported students who commenced after 2004 and domestic fee-paying undergraduate students only. Pre-2005 Commonwealth-supported students should consult the
Student contribution charges for Commonwealth supported students webpage.
Not all students are eligible for Commonwealth supported places, and not all subjects are available to Commonwealth supported students. Domestic fee-paying students and international students should refer to the
Fees webpage.
Note: The requisite information presented in this subject description covers only academic requisites. Full details of all enforced rules, covering both academic and admission requisites, are available at
Access conditions and My Student Admin.