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.
You will be given 2 scenarios to consider (read instructions below). 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 Chinkin reading (some have been left out intentionally and some are also known by different names). Giving reasons relating to their advantages and disadvantages found in your research, state which might be preferred for each particular scenario:
a. Litigation
b. Mediation
c. Expert Appraisal and Determination
d. Case Presentation
e. Conciliation
f. 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.
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, available here https://www.usq.edu.au/library/referencing/harvard-agps-referencing-guide
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.
7. Read the ‘criteria reference/marking sheet’ available on the study desk to see how the marks will be allocated in this assignment.
Scenario
A dispute has occurred between 2 companies locked in a race to find the gene that causes cancer. Both are saying that the other has stolen part of their technology. Both are large organisations dependant on public funding to support their research efforts. It would not be good for business if they were seen to be having a fight in public about this. How should they solve the dispute?