LAWS3011

LAWS3011: Alternative Dispute Resolution

Business and Law

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About this Unit

This unit considers the range of alternative dispute resolution mechanisms including negotiation, mediation, arbitration, expert determination and adjudication, particularly as they are used to resolve commercial disputes. The unit deals initially with negotiation practice, especially the identification of positions, interests and issues. It then focuses on the mediation of commercial disputes (including private and court-annexed mediation), followed by the resolution of construction and payments disputes by adjudication. Finally, domestic and international commercial arbitration law and practice will be studied. The unit will involve a detailed discussion of statutory dispute resolution in Australia, including the Building and Construction Industry (Security of Payment) Act 2021 (WA), the Commercial Arbitration Act 2012 (WA), the International Arbitration Act 2010 (Cth) and the UNCITRAL Model Law on International Commercial Arbitration (2006 Revision), the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 1958), and the various institutional arbitration rules. Throughout the unit, there will be an emphasis on the legal, practical and managerial aspects of alternative dispute resolution.

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Unit Details

Credits25

Contact Hours2 Weekly

Result TypeGrade/Mark

AreaCurtin Law School (1345)

Field of Education090900 Law (Narrow Grouping)

Handbook View Official Handbook Page →

Tuition Pattern

Block Teaching1 x 30 hours once only

Prerequisites

PrerequisitesSelect One

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