The Advantages and Disadvantages of Resolving Disputes - Law Assignment Help

Assignment Task :

Question 1  

Read the whole of Larissa Behrendt and Louise Kelly, Resolving Indigenous Disputes (The Federation Press, 2008) Chapter 5, ‘Principles of Aboriginal dispute resolution’.  You will find this extract in your Reading List.

1. Summarize what the authors opine are five (5) outlines of Aboriginal culture ‘…which have a resonance with other nations’:  Creation, Relationships, Country, Law, and Governance.

2. Examine the table on page 97 of the extract.

Select any six (6) of the processes in the column titled ‘Traditional Aboriginal dispute resolution’.  And, look at the corresponding process in the column titled ‘Australian litigation’.

Research, analyze, and expand on your six (6) Australian litigation selections.

Give examples in each of the six (6) Australian litigation instances you select from your own experience or research.

Background reading:

Question 2  

Prof John Wade notes that some commentators say that to ‘split the difference’ is a poor way to cross the last gap in negotiations so as to reach a settlement.  They say this mechanism rewards ‘the biggest liar’.

1. Critically analyze this above commentary.

2.  Outline at least six (6) other recognized mechanisms for crossing the last gap in negotiations.

Give an example of each of the above from your own experience or research

Question 3 

• What are the advantages and disadvantages of resolving disputes through the litigation process?
• In your answer identify at least five (5) advantages and five (5) disadvantages. 
• Give examples from your own experience or research of the five (5) advantages and five (5) disadvantages identified. 

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