The University of the South Pacific          
Examinations
Semester 2 - 2004
Emalus Campus
 

 

 

SCHOOL OF LAW

 

 

COURSE NAME:                                   Advanced Pacific Dispute Resolution

 

 

COURSE NO:                                        LA402

 

 

TIME ALLOWED:                                  3 hours

 

 

READING TIME:                                    10 minutes

 

 

NUMBER OF PAGES:                            2

 

 

NUMBER OF QUESTIONS ON PAPER: 5

 

 

NUMBER OF QUESTIONS TO BE ANSWERED: 2

 

 

MARK ALLOCATED FOR EACH QUESTION:      20

 

 

TOTAL MARKS:                                    40

 

 

 

MATERIALS PERMITTED IN EXAMINATION ROOM:

 

 

None

 

Answer any two of the following 5 questions.  All questions are of equal value.

 

 

Question 1

It is constitutionally vital to rely on culturally-blind and objectively neutral dispute resolution processes.   To what extent is this statement true and how does this inhibit the use of forms of dispute resolution in the South Pacific?

 

Question 2


It is generally accepted that the state should provide for the institution of formal courts to administer justice.   Apart from this core function, how far can the state successfully venture into other areas of dispute resolution?  You may confine your answer to one or more states in the South Pacific.

 

 

Question 3

Robert Coulson, President of the American Arbitration Association wrote:

"Lawyers are in a bind when it comes to managing their clients' disputes if they are locked into the courts. Litigation has not kept up with modern, fast-moving society ... there have been revolutionary changes in business, practices since the basic court structure was adopted from English common law ... Compared to modern business, civil courts have changed very little ... Alternative dispute resolution gives lawyers an opportunity to use new processes, encourages a problem-solving attitude (and) an openness to compromise..”

Discuss this proposition in relation to the resolution of commercial disputes within the offshore financial centres of the South Pacific. 

 

 

Question 4

 

One assumption that accompanied original (western) ventures into ADR was that it was akin to and accommodating of dialogue based traditional societies.  It is ironic therefore that as ADR has developed, it has adopted generic forms that exclude cultural realities and needs.  Discuss.

 

Question 5

 

Forms of dispute resolution may roughly be divided into those that are consensual (those that require the good will of the parties) and those that are coerced.  Discuss this dichotomy with reference to the resolution of disputes in the contemporary South Pacific region or country within the region.