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LB5517 - Commercial Dispute Resolution

[Not offered in 2012]

Credit points: 3
Year: 2012
Student Contribution Band: Band 3
Administered by: School of Law Office

The need of the commercial sector for a method of conflict resolution that delivers speedy resolution of disputes in a cost-effective manner whilst minimising damage to commercial relationships has been one of the major reasons for the adoption of Alternative Dispute Resolution by the commercial sector. This subject looks at the main systems of resolution of commercial disputes outside the traditional civil justice system and considers variables that are relevant to commercial dispute resolution. Consideration is also given to international practice and resolution of cross-border commercial disputes.

Learning Outcomes

  • describe the advantages and disadvantages involved in each of the alternative forms of commercial dispute resolution that exist in contemporary society;
  • through the application of appropriate problem-solving techniques effectively mediate the resolution of a commercial dispute;
  • demonstrate an understanding of the different forms of conflict management available to deal with commercial disagreements;
  • demonstrate effective analysis and evaluation of a commercial dispute culminating in the development of appropriate strategies for preparation for, design of and engagement in a commercial dispute resolution process as a mediator.

Graduate Qualities

  • The ability to adapt knowledge to new situations;
  • The ability to think critically, to analyse and evaluate claims, evidence and arguments, and to reason and deploy evidence clearly and logically;
  • The ability to deploy critically evaluated information to practical ends;
  • The ability to find and access information using appropriate media and technologies;
  • The ability to evaluate that information;
  • An understanding of the economic, legal, ethical, social and cultural issues involved in the use of information;
  • The ability to select and organise information and to communicate it accurately, cogently, coherently, creatively and ethically;
  • The ability to read complex and demanding texts accurately, critically and insightfully;
  • The ability to speak and write clearly, coherently and creatively;
  • The ability to communicate effectively with a range of audiences;
  • The ability to lead, manage and contribute effectively to teams;
  • The ability to work with people of different gender, age, ethnicity, culture, religion and political persuasion;
  • The ability to work individually and independently;
  • The ability to appraise information critically;
  • The ability to use independent judgment to synthesise information to make intellectual and/or creative advances;
  • The ability to think laterally and be original;
  • The ability to conceptualise problems;
  • The ability to conceptualise and evaluate a range of potential solutions to relevant problems;
  • The ability to encompass and use methods and conceptual advances in areas of knowledge cognate to their central area(s) of expertise;
  • The ability to communicate the methodology, results and implications of their research in a manner appropriate to different purposes and audiences;
  • The potential to resolve conflicts.

Note: Minor variations might occur due to the continuous Subject quality improvement process, and in case of minor variation(s) in assessment details, the Subject Outline represents the latest official information.