Environmental Dispute Management

This course covers the types of processes for resolving environmental disputes including adjudicative (such as litigation), consensual (such as mediation and negotiation) and managerial authority (such as determination by Ministers, government agencies and local councils and merit review of such determinations), as well as the forms in which such processes may be organised and conducted (eg for adjudication, whether adversarial or investigative; for managerial authority; and for consensual mechanisms, the manner in which negotiations and mediations should be conducted). Practical exercises enable the student to have a better appreciation of dispute resolution processes. The concept of a multi-door courthouse, where a variety of dispute resolution processes are offered under the one roof is explored.

At the conclusion of the course students should be able to:

• Identify characteristics of environmental disputes of relevance to selecting appropriate dispute resolution processes
• understand the different types of dispute resolution processes and their strengths and weaknesses
• understand how different dispute resolution processes can be organised and conducted
• match appropriate dispute resolution processes to particular environmental disputes

The proposed means of assessment includes a component of class participation (including practical exercises) and a research paper on a topic of relevance to environmental dispute management.

Students must rely on the Approved Assessment which will be posted to the course homepage on the ANU Law website, prior to the commencement of the course.

26 Contact Hours (Intensive Delivery)

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