77761 Dispute Resolution in Commerce

6cp
Requisite(s): (79771c Dispute Resolution AND (22 credit points of completed study in spk(s): C04147 Master of Legal Studies OR 22 credit points of completed study in spk(s): C07074 Graduate Diploma Legal Studies OR 22 credit points of completed study in spk(s): C04264 Master of Legal Studies OR 22 credit points of completed study in spk(s): C07122 Graduate Diploma Legal Studies)) OR (79771 Dispute Resolution AND 78101c Postgraduate Legal Research) OR ((94 credit points of completed study in spk(s): C04236 Juris Doctor OR 142 credit points of completed study in spk(s): C04250 Juris Doctor Master of Business Administration) AND 70106c Principles of Public International Law AND 70107c Principles of Company Law AND 79771 Dispute Resolution) OR (94 credit points of completed study in spk(s): C04320 Juris Doctor Graduate Certificate Professional Legal Practice AND 70106 Principles of Public International Law)
The lower case 'c' after the subject code indicates that the subject is a corequisite. See definitions for details.
These requisites may not apply to students in certain courses.
There are course requisites for this subject. See access conditions.
Anti-requisite(s): 78124 Dispute Resolution in Commerce

Description

There is an increasing demand for the development of dispute resolution systems that avoid an adversarial approach in commercial environments where delay, high legal costs and limited possible outcomes are being perceived as counterproductive in the highly competitive commercial environment.

This subject provides an overview of dispute management and complaints handling systems, together with further consideration of the developing body of dispute resolution and negotiation theory and practice in the commercial context. Students investigate, analyse and critique existing and emerging dispute resolution systems in commerce, business, construction and finance.

Students study legislative responses for processes and process providers in resolving and settling commercial disputes. Through interactive lectures, group and class exercises, role-plays and expert guest lectures, students learn about the context of changing corporate structures and cultures and the demands for effective, accessible, cost efficient and ethical methods for dealing with commercial disputes, including determinative and hybrid processes. Students further develop research and communication skills through a research paper and a seminar presentation on a selected topic in commercial dispute resolution.

Detailed subject description.