78124 Dispute Resolution in Commerce
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Credit points: 8 cp
Result type: Grade and marks
Requisite(s): ( 78100c Postgraduate Legal Research OR ((102 credit points of completed study in spk(s): C04236 Juris Doctor OR 102 credit points of completed study in spk(s): C04250 Juris Doctor Master of Business Administration)))
The lower case 'c' after the subject code indicates that the subject is a corequisite. See definitions for details.
There are course requisites for this subject. See access conditions.
Anti-requisite(s): 77761 Dispute Resolution in Commerce
Description
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.
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. Increasingly there have been legislative responses for providing both processes and process providers for resolving and settling commercial disputes. These developments are also studied in the context of changing corporate structures and cultures and the demands for effective, accessible, cost efficient and ethical methods for dealing with commercial disputes.
Subject learning objectives (SLOs)
Upon successful completion of this subject students should be able to:
| 1. | understand the application of DR theory and advanced DR skills in commercially relevant aspects of negotiation mediation conciliation arbitration expert assessment and other DR processes; |
|---|---|
| 2. | demonstrate research and presentation skills. |
Course intended learning outcomes (CILOs)
This subject also contributes specifically to the development of the following graduate attributes:
- Critical Analysis and Evaluation
A capacity to think critically, strategically and creatively about non-adversarial dispute resolution processes, including the ability to identify and articulate complex issues, apply reasoning and research to generate appropriate responses to problems and engage in critical analysis (3.0) - Research Skills
Well-developed cognitive and practical skills necessary to identify, research, evaluate and synthesise relevant factual, legal and policy issues and demonstrate intellectual and practical skills necessary to justify and interpret theoretical propositions, legal methodologies, conclusions and professional decisions. (4.0) - Communication and Collaboration
Effective and appropriate academic and professional communication skills including:
Highly effective use of the English language, to convey and comprehend, legal concepts and views, in relevant and appropriate modes and to different audiences;
An ability to communicate to inform, analyse, report, evaluate, argue and persuade; and
An ability to express and structure a sustained and logical argument (5.0)
Teaching and learning strategies
Strategy 1: Information delivery and class discussion during the three-day intensive teaching program
Strategy 2: Participation in class exercises and role plays
Strategy 3: Self-directed reading and research
Strategy 4: Sharing research through class presentations by fellow students.
Content (topics)
1. Dispute Management: (i) Dispute Management System design, (ii) Complaint Handling
2. Contractual issues, model clauses and standards.
3. Commercial problem definition; Risk analysis; Decision Analysis and Decision making.
4. Legislated Dispute Resolution schemes and processes: Industry Ombuds.
5. Process development: mediation and conciliation models; non-adversarial and quasi-adversarial determinative processes: (i) expert appraisal, expert determination, expert assessment; (ii) arbitration and arbitral hybrids.
6. Further developments: DR in eCommerce and Collaborative Law in the commercial environment.
Assessment
Assessment task 1: Attendance & participation
| Intent: | Develop Graduate Attributes: 1, 2, 3, 4 |
|---|---|
| Objective(s): | This task addresses the following subject learning objectives: 1 and 2 This task contributes specifically to the development of the following graduate attributes: 3.0 and 5.0 |
| Weight: | 20% |
| Length: | Deemed equivalence of 1,000 written words |
Assessment task 2: Seminar presentation
| Intent: | Develop Graduate Attributes: 1, 2, 3, 4 |
|---|---|
| Objective(s): | This task addresses the following subject learning objectives: 1 and 2 This task contributes specifically to the development of the following graduate attributes: 3.0 and 5.0 |
| Weight: | 20% |
| Length: | 2,000 word equivalence |
Assessment task 3: Research Paper
| Intent: | Develop Graduate Avilities: 1, 2, 3, 4 |
|---|---|
| Objective(s): | This task addresses the following subject learning objectives: 1 and 2 This task contributes specifically to the development of the following graduate attributes: 3.0, 4.0 and 5.0 |
| Weight: | 60% |
| Length: | 5,000 words |
Required texts
There are no prescribed texts. A number of useful extracts from texts and journal articles will be made available through UTSOnline with links to the UTS eLibrary.
Recommended texts
The following can be useful references.
- Laurence Boulle, Mediation, Principles, Process, Practice (LexisNexis, 3rd ed, 2011)
- Mieke Brandon and L Robertson, Conflict and Dispute Resolution: A guide for practice ( Oxford Un iversity Press, 2007)
- John S Hammond, Ralph L Keeney and Howard Raiffa, Smart Choices: A Practical Guide to Making Better Decisions (Harvard Business School Press, 1999)
- Robert H Mnookin, R P Scott and A STulumello, Beyond Winning: Negotiating to Create Value in Deals & Disputes (Harvard University Press, 2000)
- Tania Sourdin, Alternative Dispute Resolution ( Lawbook Co, 5th ed, 2016)
- Robert H Mnookin and Lawrence Susskind, eds, Negotiating on Behalf of Others: Advice to Lawyers, Business Executives, Sports Agents, Diplomats, Politicians and Everybody Else (Sage Publications, 1999)
- Michael Watkins, Breakthrough Business Negotiation: A Toolbox for Managers (Jossey-Bass, 2002)
Other resources
- Arthur Paul Boers, Never Call Them Jerks: Healthy Responses to Difficult Behaviour (Alban, 2002)
- Kenneth Cloke and Joan Goldsmith, Resolving Personal and Organisational Conflict: Stories of Transformation and Forgiveness (Jossey-Bass, 2000)
- Daniel Coleman, Working with Emotional Intelligence (Bantam Books, 2000)
Dispute Resolution Journals:
- Australasian Dispute Resolution Journal
- Bond Law Review
- Negotiation Journal
- Ohio State Journal on Dispute Resolution
- Harvard Law Review
- Osgoode Hall Law Review
Essential Materials:
Useful Websites:
- www.mediate.com
- www.ama.asn.au
- www.resolutioninstitute.com
- www.lawsociety.com.au
