Dispute Resolution in Australia

READING

Astor H and Chinkin C, Dispute Resolution in Australia, 2002, Lexis NexisButterworths, Australia, 76 – 96

INTRODUCTION

Disputes occur at various stages throughout our lives. It is often how well we resolve these disputes that determines whether we will be successful, especially in our business lives.

The aim of this assignment is to help students understand that although litigation has its place in dispute resolution, there is a whole raft of alternative dispute resolution processes that are becoming increasingly useful in our legal system. The main alternative is mediation but as you can see there are others.

Students should be aware that there is not necessarily one correct answer when deciding which method to use when deciding a dispute. Your consideration of the issues for and against particular methods is the concentration for this assignment.

Scenario 1:
Campbell decides to sack 14 full time workers from the Health Department without severance pay. They see you and want to take action.

Scenario 2:
BHP believe they have found the gold reserve known as “Lassiter’s Reef”. Lassiter’s decendants are disputing BHP’s claim. The decendants are prepared for a public fight but BHP are wary of this for various reasons.

For each scenario you are required to:

1. Choose 2 dispute resolution methods for each of your scenarios from the following list. Some of these are described in the Astor and Chinkinreading (some have been left out intentionally and some are also known by different names). Giving reasons relating their advantages and disadvantages found in your research, state which might be preferred for each particular scenario:
a. Mediation
b. Expert Appraisal and Determination
c. Case Presentation (mini trail)
d. Conciliation
e. Arbitration
2. You may use each resolution process only once in your assignment.

3. To help with answering you may make minor assumptions in relation to the scenarios. Very briefly state any assumptions that you make. However, do not elaborate too much. The focus must be on the dispute resolution methods you choose and the advantages and disadvantages of those methods.

4. Give your answer in a maximum of 400 words per scenario. (800 words total)

5. Give references for your answer. In addition to the required reading, you must reference two other sources – ie 3 altogether. Each of these sources may be used more than once, ie each time you take an idea or a quote from it. In-text referencing must be included throughout your assignment, but is not included in the word count. You must use the Harvard AGPS Referencing guide from the USQ library website.

6. You must include one “List of References” at the end of your assignment.It should be a correctly formatted list of the sources you used for your scenarios. It is not included in the word count.

Read the ‘criteria reference/marking sheet’ available on the study desk to see how the marks will be allocated in

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