MLL228 - Alternative Dispute Resolution: Principles and Practice
Unit details
| Year | 2025 unit information |
|---|---|
| Enrolment modes: | Not offered in 2025 |
| Credit point(s): | 1 |
| Previously coded as: | MLL328 |
| Prerequisite: | Students must have passed MLP213 |
| Corequisite: | Nil |
| Incompatible with: | MLJ731, MLL328 |
| Educator-facilitated (scheduled) learning activities - on-campus unit enrolment: | 1 x 2 hour on-campus lecture (recordings provided) and 1 x 1 hour on-campus seminar (recordings provided) each week |
| Educator-facilitated (scheduled) learning activities - online unit enrolment: | 1 x 2 hour online lecture (recordings provided) and 1 x 1 hour online seminar (recordings provided) each week |
| Typical study commitment: | Students will on average spend 150 hours over the teaching period undertaking the teaching, learning and assessment activities for this unit. This will include educator guided online learning activities within the unit site. |
Content
There has been an exponential developments of Alternative Dispute Resolution (ADR) programs both inside and outside the courts in Australia over the last three decades. As a growing number of clients choose to settle their disputes outside of the courtroom, it is becoming increasingly critical for contemporary lawyers to understand how ADR works, what areas it covers, and how it can be used more effectively. This unit on Alternative Dispute Resolution is the study of alternatives to court adjudication. This unit provides a broad overview of legal issues relevant to negotiators, mediators, arbitrators, and policy makers. It is designed to provide an in-depth examination of the legal issues surrounding ADR. This unit focuses on the primary processes of ADR, namely: negotiation, mediation, arbitration (including domestic and international commercial arbitration) and hybrid procedures.
The unit covers a wide range of topics, including theories of conflict resolution, the multi-door approach to dispute resolution, principles and characteristics of ADR, the negotiation process, neutrality and impartiality of mediator, international commercial arbitration, ADR in family conflicts, restorative justice programs, and confidentiality and admissibility in ADR processes.
Learning Outcomes
| ULO | These are the Unit Learning Outcomes (ULOs) for this unit. At the completion of this unit, successful students can: | Alignment to Deakin Graduate Learning Outcomes (GLOs) |
|---|---|---|
| ULO1 | Identify and analyse the sources and dynamics of conflicts | GLO4: Critical thinking |
| ULO2 | Explain and evaluate the development and application of ADR processes in Australia, and major controversial issues surrounding ADR | GLO4: Critical thinking |
| ULO3 | Identify and reflect on the advantages and disadvantages of different approaches to resolving disputes | GLO4: Critical thinking |
| ULO4 | Work collaboratively to apply legal knowledge, key ADR methods, and communication skills to facilitate solutions to legal disputes. | GLO2: Communication |
Assessment
| Assessment Description | Student output | Grading and weighting (% total mark for unit) | Indicative due week |
|---|---|---|---|
| Assessment 1: ADR exercise Part A: (Group of 5) Video Recording Part B: (Individual) Written reflection | Part A: 12 minutes Part B: 1000 words | Part A: 15% Part B: 25% | Part A: Week 8 Part B: Week 9 |
| End-of-unit assessment task: Written | 2000 words | 60% | End-of-unit assessment period |
The assessment due weeks provided may change. The Unit Chair will clarify the exact assessment requirements, including the due date, at the start of the teaching period.
Learning resource
The texts and reading list for MLL228 can be found via the University Library.
Note: Select the relevant trimester reading list. Please note that a future teaching period's reading list may not be available until a month prior to the start of that teaching period so you may wish to use the relevant trimester's prior year reading list as a guide only.
Unit Fee Information
Fees and charges vary depending on the type of fee place you hold, your course, your commencement year, the units you choose to study and their study discipline, and your study load.
Tuition fees increase at the beginning of each calendar year and all fees quoted are in Australian dollars ($AUD). Tuition fees do not include textbooks, computer equipment or software, other equipment or costs such as mandatory checks, travel and stationery.
For further information regarding tuition fees, other fees and charges, invoice due dates, withdrawal dates, payment methods visit our Current Students website.