77761 Dispute Resolution in Commerce

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.