LAWS7841 Theories in Dispute Resolution
This course provides an introduction to alternative dispute resolution (ADR) and an overview of ADR processes including negotiation, mediation, conciliation, case appraisal and arbitration. These processes are analysed with respect to their roles within the Australian legal system and their comparative advantages and disadvantages. Students also examine the theories underlying dispute resolution and conflict analysis, and how they apply in practice. Issues such as neutrality of dispute resolution practitioners, cultural issues in dispute resolution and the ethics of dispute intervention are discussed.
Additionally, the course provides a critical response to traditional Western legal concepts such as the rule of law and the adversarial justice system. Designed to better equip legal practitioners with knowledge and skills for their roles as dispute resolvers and advisers, the course features a variety of learning activities but is not an alternative to a dedicated mediation course.
Topics covered include:
- conflict and dispute resolution
- core processes in dispute resolution
- issues and challenges in dispute resolution
- current trends in dispute resolution.
Serge is a practitioner, trainer and academic working in conflict resolution and peacebuilding. Originally from Germany, Serge worked as a civil law lawyer before developing his conflict resolution practice. He has an LLM degree in Dispute Management Law and a PhD in Social Science, both from the University of Queensland.
At university Serge teaches academic courses in Mediation, Negotiation and Theories of Conflict Resolution.
Serge is an experienced facilitator, conflict resolution trainer and assessor, as well as a nationally accredited mediator under the National Mediator Accreditation System (NMAS). Serge conducts workshops for understanding conflict, negotiation & mediation skills, group facilitation, intercultural conflict resolution and leadership and teamwork. He also facilitates dialogue and strategic planning workshops. Serge has mediated workplace disputes and community conflicts and has worked with a variety of clients, including local and state government, businesses, primary and secondary schools and community groups. He regularly trains mediators and conciliators from a number of Queensland government agencies and councils.
Serge’s facilitation methods focus on building relationships across difference, managing uncertainty and understanding complexity. He uses methods like Creative Dialogue & Design (CDD), World Café Conversations, Open Space Technology, Appreciative Inquiry, Action Research and other innovative facilitation and analysis methods.
Internationally Serge has worked on conflict resolution, peacebuilding and development issues with people from the Philippines, Vanuatu, Papua New Guinea, Solomon Islands, South and South-East Asia and with participants from various African countries.
22, 29 August, 5, 19 September 2016; 21, 28 August, 4, 11 September 2017 (TBC)
This course may also be taken as a CPD course or a non-award course.