Overview
Alternative Dispute Resolution (ADR) examines the theory and application of procedures for the resolution of disputes as an alternative to a judicial process. In this unit you will examine ADR methods such as negotiation, mediation, conciliation and arbitration and theoretical developments such as Collaborative Law. You will develop basic skills in listening, negotiation and mediation. You will also explore how to design ADR approaches suitable to help resolve client disputes, quickly, at minimal cost and consistent with the principles of access to justice.
Details
Pre-requisites or Co-requisites
Co-requisite: LAWS11057 Introduction to Law.
Important note: Students enrolled in a subsequent unit who failed their pre-requisite unit, should drop the subsequent unit before the census date or within 10 working days of Fail grade notification. Students who do not drop the unit in this timeframe cannot later drop the unit without academic and financial liability. See details in the Assessment Policy and Procedure (Higher Education Coursework).
Offerings For Term 2 - 2021
Attendance Requirements
All on-campus students are expected to attend scheduled classes – in some units, these classes are identified as a mandatory (pass/fail) component and attendance is compulsory. International students, on a student visa, must maintain a full time study load and meet both attendance and academic progress requirements in each study period (satisfactory attendance for International students is defined as maintaining at least an 80% attendance record).
Recommended Student Time Commitment
Each 6-credit Undergraduate unit at CQUniversity requires an overall time commitment of an average of 12.5 hours of study per week, making a total of 150 hours for the unit.
Class Timetable
Assessment Overview
Assessment Grading
This is a graded unit: your overall grade will be calculated from the marks or grades for each assessment task, based on the relative weightings shown in the table above. You must obtain an overall mark for the unit of at least 50%, or an overall grade of ‘pass’ in order to pass the unit. If any ‘pass/fail’ tasks are shown in the table above they must also be completed successfully (‘pass’ grade). You must also meet any minimum mark requirements specified for a particular assessment task, as detailed in the ‘assessment task’ section (note that in some instances, the minimum mark for a task may be greater than 50%). Consult the University’s Grades and Results Policy for more details of interim results and final grades.
All University policies are available on the CQUniversity Policy site.
You may wish to view these policies:
- Grades and Results Policy
- Assessment Policy and Procedure (Higher Education Coursework)
- Review of Grade Procedure
- Student Academic Integrity Policy and Procedure
- Monitoring Academic Progress (MAP) Policy and Procedure – Domestic Students
- Monitoring Academic Progress (MAP) Policy and Procedure – International Students
- Student Refund and Credit Balance Policy and Procedure
- Student Feedback – Compliments and Complaints Policy and Procedure
- Information and Communications Technology Acceptable Use Policy and Procedure
This list is not an exhaustive list of all University policies. The full list of University policies are available on the CQUniversity Policy site.
- Discuss the range and operation of Alternative Dispute Resolution (ADR) methods and their relationship with litigation
- Demonstrate skills in listening, negotiation, and mediation together with the ability to design ADR processes and drafting appropriate documents to support an ethical dispute resolution design
- Research, critique and evaluate the ADR literature to assist with determining appropriate ADR processes in a given fact situation
- Outline the basic theoretical principles of dispute resolution systems and how to apply them to manage conflicts
- Gain and discuss an appreciation of the ADR processes of International Commercial Arbitration or Australian First Nations People.
Alignment of Assessment Tasks to Learning Outcomes
| Assessment Tasks | Learning Outcomes | ||||
|---|---|---|---|---|---|
| 1 | 2 | 3 | 4 | 5 | |
| 1 - Written Assessment - 40% | |||||
| 2 - Written Assessment - 60% | |||||
Alignment of Graduate Attributes to Learning Outcomes
| Graduate Attributes | Learning Outcomes | ||||
|---|---|---|---|---|---|
| 1 | 2 | 3 | 4 | 5 | |
| 1 - Communication | |||||
| 2 - Problem Solving | |||||
| 3 - Critical Thinking | |||||
| 4 - Information Literacy | |||||
| 5 - Team Work | |||||
| 6 - Information Technology Competence | |||||
| 7 - Cross Cultural Competence | |||||
| 8 - Ethical practice | |||||
| 9 - Social Innovation | |||||
| 10 - Aboriginal and Torres Strait Islander Cultures | |||||
Alignment of Assessment Tasks to Graduate Attributes
| Assessment Tasks | Graduate Attributes | |||||||||
|---|---|---|---|---|---|---|---|---|---|---|
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | |
| 1 - Written Assessment - 40% | ||||||||||
| 2 - Written Assessment - 60% | ||||||||||
Textbooks
Principles of Dispute Resolution
Third Edition (2020)
Authors: David Spencer
Thomson Reuters
Pyrmont Pyrmont , NSW , Australia
ISBN: 9780455244167
Binding: Paperback
Additional Textbook Information
Both paper and eBook versions can be purchased at the CQUni Bookshop here: http://bookshop.cqu.edu.au (search on the Unit code).
IT Resources
- CQUniversity Student Email
- Internet
- Unit Website (Moodle)
All submissions for this unit must use the referencing style: Australian Guide to Legal Citation, 4th ed
For further information, see the Assessment Tasks.
m.oyson@cqu.edu.au
Module/Topic
Introduction to Alternative Dispute Resolution
Chapter
Chapter 1 (1.80 to 1.360)
Events and Submissions/Topic
Module/Topic
Understanding and Dealing with Conflict
Chapter
Chapter 1 (1.10 to 1.70)
Events and Submissions/Topic
Module/Topic
Negotiation
Chapter
Chapter 2
Events and Submissions/Topic
Module/Topic
Mediation
Chapter
Chapter 3
Events and Submissions/Topic
Module/Topic
Arbitration
Chapter
Chapter 4
Events and Submissions/Topic
Module/Topic
Chapter
Events and Submissions/Topic
Module/Topic
Conciliation and Additional Dispute Resolution Processes
Chapter
Chapter 5
Events and Submissions/Topic
Module/Topic
Family, Criminal, Workplace and Online Dispute Resolution
Chapter
Chapter 6
Events and Submissions/Topic
Module/Topic
Statutory Dispute Resolution Schemes
Chapter
Chapter 7
Events and Submissions/Topic
Module/Topic
Legal Issues
Chapter
Chapter 8
Events and Submissions/Topic
Module/Topic
Ethics and Standards
Chapter
Chapter 9
Events and Submissions/Topic
Module/Topic
The Future of Dispute Resolution
Chapter
Chapter 10
Events and Submissions/Topic
Module/Topic
Review
Chapter
Events and Submissions/Topic
Module/Topic
Chapter
Events and Submissions/Topic
Module/Topic
Chapter
Events and Submissions/Topic
1 Written Assessment
This assessment involves writing an essay about a topic that is covered in weeks 1 to 5. The total word count for the essay, including footnotes, should not exceed 1500 words. There is no allowance beyond the word-count limit. Any text that exceeds the 1500-word count limit will not be marked. A bibliography is not required.
These are some suggestions for essay topics, although a student may choose a different topic that is covered in weeks 1 to 5:
1. ADR
a. ADR and the legal profession
b. ADR and the courts
c. ADR and legal disputes
2. Understanding and dealing with conflict
a. Conflict and the legal profession
b. Conflict and the courts
c. Conflict and legal disputes
d. Conflict and negotiation
3. Negotiation
a. Principled negotiation
b. Conducting successful negotiations
c. Effectiveness of negotiations
d. Being a successful negotiator
4. Mediation
a. Mediation and the courts
b. The mediation process
c. The role of lawyers in mediation
d. The role of the mediator
e. Hallmarks of mediation
f. Towards effective mediation
5. Arbitration
a. Critical history of arbitration
b. Arbitration and conciliation
c. Arbitration and dispute resolution
Week 5 Thursday (12 Aug 2021) 11:00 am AEST
Week 7 Thursday (2 Sept 2021)
An essay will be assessed according to the following criteria:
· Knowledge of subject matter: (40%)
Demonstrates exceptional knowledge of the subject matter by the discussion of highly relevant and exceptionally comprehensive information.
· Understanding and appreciation of issues (20%)
Exhibits an exceptional understanding and appreciation of relevant issue(s).
· Insight and analysis (20%)
Reflects critical insight and incisive analysis that are supported by evidence and sound reasoning.
· Research (10%)
Shows evidence of outstanding research to support the discussion and analysis.
· Language (10%)
Demonstrates exceptional quality of language usage and observance of proper structure, format, referencing, and instructions.
- Discuss the range and operation of Alternative Dispute Resolution (ADR) methods and their relationship with litigation
- Demonstrate skills in listening, negotiation, and mediation together with the ability to design ADR processes and drafting appropriate documents to support an ethical dispute resolution design
- Research, critique and evaluate the ADR literature to assist with determining appropriate ADR processes in a given fact situation
- Outline the basic theoretical principles of dispute resolution systems and how to apply them to manage conflicts
- Gain and discuss an appreciation of the ADR processes of International Commercial Arbitration or Australian First Nations People.
- Communication
- Problem Solving
- Critical Thinking
- Information Literacy
- Team Work
- Information Technology Competence
- Cross Cultural Competence
- Ethical practice
2 Written Assessment
The final written assessment is in the form of a take-home paper. The total word count for the assessment, including footnotes, should not exceed 2000 words. There is no allowance beyond the word-count limit. Any text that exceeds the 2000-word count limit will not be marked.
The take-home paper is 6 hours in duration only. It must be submitted to the Moodle page in the usual manner by the deadline which is to be announced later in the term. Submissions after the deadline will not be accepted.
Exam Week Friday (22 Oct 2021) 12:00 am AEST
The actual deadline for this assessment will be announced later in the term.
Exam Week Friday (22 Oct 2021)
The final take-home paper will not be returned to students. Marks will be released once final grades are certified.
Students are assessed on their ability to demonstrate high-level thinking and writing skills, comprehend the relevant material, and provide a critical analysis and logical discussion of the relevant law. Marks will be given according to the following standards:
Fail
A student will have:
- used written expression that is poor and difficult to understand
- provided an answer that is poorly organised
- used referencing that is generally inadequate
- demonstrated a lack of familiarity with the legislation and/or case law
- failed to identify and address the relevant issues
- used reasoning and application that are poor
Pass
A student will have:
- made a conscientious attempt to address the topic and/or relevant issues
- shown evidence of having done and understood the required readings
- presented a reasonable argument to back up a conclusion
- demonstrated a reasonable level of spelling and grammatical usage
- used referencing that needs improvement
- failed to identify and address issues in more depth
Credit
A student will have:
- addressed the topic and/or relevant issues directly and adequately
- presented soundly based arguments and backed these up with reasons
- gone beyond description to analysis of key issues
- used the English language well
- shown evidence of having read widely
- demonstrated understanding of the readings
- used referencing that is satisfactory
Distinction
A student will have:
- met the above criteria for a credit
- demonstrated the attainment of a high degree of understanding of the concepts of the unit
- demonstrated deep insight into the application of knowledge and skills acquired to complex theoretical and practical situations
- used referencing correctly
- referred to all appropriate legislation and/or case law
High Distinction
A student will have:
- met the above criteria for a distinction
- demonstrated the attainment of an outstanding level of achievement regarding the learning outcomes of this unit
- demonstrated an interesting and/or original approach, idea or argument
- demonstrated mastery of the relevant referencing system
- ensured conclusions are backed by well-reasoned arguments demonstrating a detailed insight and analysis of issues
- ensured that references are made to the appropriate legislation and/or case law for particular issues
- Discuss the range and operation of Alternative Dispute Resolution (ADR) methods and their relationship with litigation
- Demonstrate skills in listening, negotiation, and mediation together with the ability to design ADR processes and drafting appropriate documents to support an ethical dispute resolution design
- Research, critique and evaluate the ADR literature to assist with determining appropriate ADR processes in a given fact situation
- Outline the basic theoretical principles of dispute resolution systems and how to apply them to manage conflicts
- Gain and discuss an appreciation of the ADR processes of International Commercial Arbitration or Australian First Nations People.
- Communication
- Problem Solving
- Critical Thinking
- Information Literacy
- Cross Cultural Competence
- Ethical practice
As a CQUniversity student you are expected to act honestly in all aspects of your academic work.
Any assessable work undertaken or submitted for review or assessment must be your own work. Assessable work is any type of work you do to meet the assessment requirements in the unit, including draft work submitted for review and feedback and final work to be assessed.
When you use the ideas, words or data of others in your assessment, you must thoroughly and clearly acknowledge the source of this information by using the correct referencing style for your unit. Using others’ work without proper acknowledgement may be considered a form of intellectual dishonesty.
Participating honestly, respectfully, responsibly, and fairly in your university study ensures the CQUniversity qualification you earn will be valued as a true indication of your individual academic achievement and will continue to receive the respect and recognition it deserves.
As a student, you are responsible for reading and following CQUniversity’s policies, including the Student Academic Integrity Policy and Procedure. This policy sets out CQUniversity’s expectations of you to act with integrity, examples of academic integrity breaches to avoid, the processes used to address alleged breaches of academic integrity, and potential penalties.
What is a breach of academic integrity?
A breach of academic integrity includes but is not limited to plagiarism, self-plagiarism, collusion, cheating, contract cheating, and academic misconduct. The Student Academic Integrity Policy and Procedure defines what these terms mean and gives examples.
Why is academic integrity important?
A breach of academic integrity may result in one or more penalties, including suspension or even expulsion from the University. It can also have negative implications for student visas and future enrolment at CQUniversity or elsewhere. Students who engage in contract cheating also risk being blackmailed by contract cheating services.
Where can I get assistance?
For academic advice and guidance, the Academic Learning Centre (ALC) can support you in becoming confident in completing assessments with integrity and of high standard.
What can you do to act with integrity?
