Alternative Dispute Resolution

This unit of study provides an introduction to alternative dispute resolution. The unit explains the theory underlying the causes of conflict and critically reflects on dispute resolution with a focus on commercial and other disputes in Victoria and Australia. It explains and demonstrates the differing approaches and objectives of processes across the ADR spectrum, and compares ADR to litigious dispute resolution channels. It explores the differences between court-based ADR and non-court ADR, outlines practitioner obligations in ADR, enforcement of ADR outcomes, and confidentiality and admissibility in ADR processes. It challenges students to think about ADR system design and the role and impact of cultural, societal and technological factors on the relevance and suitability of ADR processes to resolve disputes.