About the program
The Professional Certificate in Arbitration will provide you with the knowledge and an appreciation of Arbitration and alternative dispute resolution (ADR), and their role within the Australian legal system. The program is offered nationally and comprises two parts: a General Course and an Advanced Course. Taught over two University semesters, each course is 13 weeks and includes a mix of face to face workshops and online learning.
The General Course introduces the concepts, frameworks and practice of dispute resolution, while the Advanced Course provides a greater depth of the understanding, knowledge and skills needed to determine arbitration outcomes.
On successful completion of the General Course, students are eligible for entry to the Advanced Course. Those successfully passing the Advanced Course receive a Professional Certificate in Arbitration, awarded by The University of Adelaide. Most benefit and understanding is gained by students who complete within one year.
Delivery
This program is delivered in a mixed mode over one year, with two face to face intensive workshops per semester and online delivery tutorials throughout the semester. The General Course runs from February and June and the Advanced Course runs from July to November.
All tutorial work for the program is made available to students via the University's online delivery program MyUni.
Compulsory face to face Practical workshops are held:
- for the General Course on Friday 28 May (half day) and Saturday 29 May (full day)
- for the Advanced Course on Friday 17 September (half day) and Saturday 18 September (full day) - please note these dates were changed, effective from 25 November 2009
The compulsory workshops are held in Adelaide and in one other Australian capital city – dependant on numbers.
Recommended face to face Introduction workshops are held:
- for the General Course on Friday 26 and Saturday 27 February in Adelaide OR Friday 5 and Saturday 6 March in one other Australian capital city – dependant on numbers
- for the Advanced Course on Friday 23 and Saturday 24 July in Adelaide OR Friday 30 and Saturday 31 July in one other Australian capital city – dependant on numbers
Introduction workshops are recommended. However, students may complete the tutorial work covered in these workshops online if they can not attend either session.
Features
Professional Certificate in Arbitration offers students:
- Face to face Introduction workshops - these provide an introduction to the program and academic staff, a change to meet and interact with co-participants and covers the first 4 weeks of course content in intensive mode
- Flexible online learning facility through the University's MyUni program with 24/7 access to course materials, tutorial work, discussion boards, assessment tasks and online interaction academic staff and co-participants.
- Face to face Practical workshops - these provide experiential learning through 'mock Arbitration role plays' conducted by experienced arbitration practitioners and a review of key course concepts with academic staff.
- Group interaction with co-participants online and at face to face workshops
- Program resources including:
- A Guide to Arbitration Practice in Australia
2006, a textbook authored by leading academics, professionals and practicing arbitrators
- Arbitration DVD and booklet
- A folder of printed course material
Content
The following topics are covered in the General Course:
- An Introduction to the Australian Legal System
- The Commercial Arbitration Legislation
- The Law of Contract (An Introduction)
- The Law of Torts (An Introduction)
- Evidence (An Introduction)
- Expert Evidence
- Establishing the basis for Arbitration and ADR
- Opening Processes for Formal Arbitration (Part 1)
- Opening Processes for Formal Arbitration (Part 2)
- Pre-hearing Processes for Formal Arbitration Hearings
- Arbitrability, Jurisdiction & Misconduct
- Formal Arbitration Hearings
- Completing Formal Arbitration Hearings
The following topics are covered in the Advanced Course:
- Advanced Issues under the Commercial Arbitration Act and Allied Legislation
- Advanced Contract Law
- Waiver and Estoppel
- Trade Practices Act and Allied Legislation
- Legal Problem Solving
- Advanced Law of Evidence
- Formal Arbitration Hearings
- Completing the Hearing - The Award
- Available Alternatives to Formal Hearings and Section 27 Conferences
- Mediation and other ADR Processes
- Powers of the Courts
Assessment
The assessment for the program is based on four components:
- Participation in discussion threads and other online activities – 15%
- Compulsory workshop participation – 25%
- Assignment – 30%
- Open book Examination (2 hours for General Course, 3 hours for Advanced course) – 30%
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