CLP3 – Dispute Resolution Processes

Semester:         

  • Semester 1 2014
  • Semester 2 2014

Overview

This subject is designed to enable students to identify and evaluate the main dispute resolution processes applicable in commercial matters and develop effective pre-trial strategies. The subject aims to provide the knowledge and skills needed to advise clients on strategy, risk and success prospects.

Objectives

At the end of this subject you will be able to:

  • identify and evaluate the main dispute resolution methods available for use in commercial disputes
  • originate effective pre-trial or resolution strategy
  • formulate detailed cost estimates for each stage of the dispute resolution process
  • demonstrate appropriate judgment in respect of interlocutory applications and make or respond to those applications
  • advise a client on a given dispute including strategy, risks, costs and success prospects
  • prepare and manage evidence for trial, including expert evidence
  • manage the hearing or resolution process
  • document offers and resolution outcomes effectively

Content

  • Case analysis and strategy
  • Case management systems
  • Seeking injunctive relief
  • Dispute resolution options
  • Negotiation
  • Mediation
  • Expert determination
  • Commercial arbitration
  • Preparation of evidence
  • Expert evidence
  • Preparation for and managing the hearing

Assessment

The College of Law’s teaching and learning model is based upon continuous assessment and feedback, enabling you to become a better lawyer.

The assessment in this subject includes:

  • mediation draft issues paper (20%)
  • expert determination (20%)
  • written examination (60%)
  • non-assessable activities for which you will receive individual feedback on your progress

If you enrol in this as a single subject on a non-award basis then you do not have to complete the assessment.

EFTSL

This subject is valued at 0.145 EFTSL