77761 Dispute Resolution in Commerce

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.

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.