CQUniversity Unit Profile
LAWS12062 Alternative Dispute Resolution
Alternative Dispute Resolution
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The information will not be changed unless absolutely necessary and any change will be clearly indicated by an approved correction included in the profile.
General Information

Overview

Alternative Dispute Resolution examines the theory and application of procedures for the resolution of disputes as an alternative to a judicial process. Alternative Dispute Resolution examines ADR methods such as negotiation, mediation, conciliation and arbitration and theoretical developments such as Collaborative law. The unit seeks to develop basic skills in listening, negotiation and mediation. Students 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

Career Level: Undergraduate
Unit Level: Level 2
Credit Points: 6
Student Contribution Band: 10
Fraction of Full-Time Student Load: 0.125

Pre-requisites or Co-requisites

There are no requisites for this unit.

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 - 2019

Online

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).

Class and Assessment Overview

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

Bundaberg, Cairns, Emerald, Gladstone, Mackay, Rockhampton, Townsville
Adelaide, Brisbane, Melbourne, Perth, Sydney

Assessment Overview

1. Written Assessment
Weighting: 40%
2. Written Assessment
Weighting: 60%

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.

Previous Student Feedback

Feedback, Recommendations and Responses

Every unit is reviewed for enhancement each year. At the most recent review, the following staff and student feedback items were identified and recommendations were made.

Feedback from John Milburn

Feedback

The unit materials are a little dated.

Recommendation

Recommend updating the materials.

Unit Learning Outcomes
On successful completion of this unit, you will be able to:
  1. Discuss the range and operation of ADR methods and their relationship with litigation.
  2. Develop and 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.
  3. Research, critique and evaluate the ADR literature to assist with determining appropriate ADR processes in a given fact situation.
  4. Outline the basic theoretical principles of dispute resolution systems and how to apply them to manage conflicts.
  5. Gain an appreciation of the ADR processes of International Commercial Arbitration or Australian Indigenous peoples.
Alignment of Learning Outcomes, Assessment and Graduate Attributes
N/A Level
Introductory Level
Intermediate Level
Graduate Level
Professional Level
Advanced Level

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

Alignment of Assessment Tasks to Graduate Attributes

Assessment Tasks Graduate Attributes
1 2 3 4 5 6 7 8 9
1 - Written Assessment - 40%
2 - Written Assessment - 60%
Textbooks and Resources

Textbooks

Prescribed

Principles of Dispute Resolution 2nd 2nd (2016)

Authors: Spencer, David
Thomson Reuters (Professional) Australia Limited
Sydney Sydney , NSW , Australia
ISBN: 9780455237985
Binding: Paperback
Supplementary

Alternative Dispute Resolution 5th (2016)

Authors: Sourdin, Tania
Thomson Reuters (Professional) Australia Limited
Sydney Sydney , NSW , Australia
ISBN: 9780455236957
Binding: Paperback

IT Resources

You will need access to the following IT resources:
  • CQUniversity Student Email
  • Internet
  • Unit Website (Moodle)
  • ZOOM
Referencing Style

All submissions for this unit must use the referencing style: Australian Guide to Legal Citation, 4th ed

For further information, see the Assessment Tasks.

Teaching Contacts
John Milburn Unit Coordinator
j.a.milburn@cqu.edu.au
Schedule
Week 1 Introduction to Alternative Dispute Resolution Begin Date: 15 Jul 2019

Module/Topic

Introduction to Alternative Dispute Resolution

Chapter

Chapter 1

Events and Submissions/Topic

Week 2 Understanding and Dealing with Conflict Begin Date: 22 Jul 2019

Module/Topic

Understanding and Dealing with Conflict

Chapter

Chapter 2 pp 30 to 35

Events and Submissions/Topic

Week 3 Negotiation Begin Date: 29 Jul 2019

Module/Topic

Negotiation

Chapter

Chapter 2 (balance)

Events and Submissions/Topic

Week 4 Mediation Begin Date: 05 Aug 2019

Module/Topic

Mediation

Chapter

Chapter 3

Events and Submissions/Topic

Week 5 Conciliation Begin Date: 12 Aug 2019

Module/Topic

Conciliation

Chapter

Chapter 5 (5.20 and 5.30)

Events and Submissions/Topic

Vacation Week Begin Date: 19 Aug 2019

Module/Topic

Chapter

Events and Submissions/Topic

Week 6 Arbitration Begin Date: 26 Aug 2019

Module/Topic

Arbitration

Chapter

Chapter 4

Events and Submissions/Topic

Week 7 Other Dispute Resolution Processes Begin Date: 02 Sep 2019

Module/Topic

Other Dispute Resolution Processes

Chapter

Chapters 5 and 6

Events and Submissions/Topic

Week 8 Statutory Dispute Resolution Schemes Begin Date: 09 Sep 2019

Module/Topic

Statutory Dispute Resolution Schemes

Chapter

Chapter 7

Events and Submissions/Topic

Assessment 1 – Mock mediation or conciliation as an audio-visual session Due: Week 8 Thursday (12 Sept 2019) 11:45 pm AEST
Week 9 Legal Issues Begin Date: 16 Sep 2019

Module/Topic

Legal Issues

Chapter

Chapter 8

Events and Submissions/Topic

Week 10 Ethics and Standards Begin Date: 23 Sep 2019

Module/Topic

Ethics and Standards

Chapter

Chapter 9 

Events and Submissions/Topic

Week 11 Special Issues in Practice Begin Date: 30 Sep 2019

Module/Topic

Special Issues in Practice

Chapter

Chapter 10

Events and Submissions/Topic

Week 12 Review [Take-home Paper during this week] Begin Date: 07 Oct 2019

Module/Topic

Review [Take-home Paper during this week]

Chapter

No prescribed reading

Events and Submissions/Topic

Assessment 2 – Final Take Home Paper Due: Week 12 Friday (11 Oct 2019) 11:45 pm AEST
Begin Date: 14 Oct 2019

Module/Topic

Chapter

Events and Submissions/Topic

Assessment Tasks

1 Written Assessment

Assessment Title
Assessment 1 – Mock mediation or conciliation as an audio-visual session

Task Description

The first assessment task is a practical task. The task is worth 40% of the overall assessment for this unit. I require students to work in small groups. You are to prepare a short, written document and then record and upload a mock mediation or conciliation session involving role-playing. Students will alternate between the role of participant and mediator/conciliator. Essentially, I will grade you for your work as the mediator/conciliator. I will grade you on your mediation/conciliation ability. I do not grade you at all in relation to your role as a participant. Even though you are working in groups, I grade you individually. You create the scenario and introduce the nature of the dispute to your colleagues who will act as role-playing participants for your assessment piece.

I hope that you can quickly arrange your groups. If you have less than three in the group – do not worry – perhaps you could find a fellow student who would volunteer to help you out as a participant in the mock mediation or you could bring in a person external to the unit.

The assessment is comprised of a brief written document scenario and your YouTube video I attribute the marks almost exclusively to your video presentation. The written assessment should be no more than 300 words. In it, you should state whether you conduct the process as a mediation or conciliation. You can be more specific than that if you wish and describe the nature of the mediation or conciliation process. You should also provide an outline of the scenario for the dispute. In essence, in this document you are to provide some issues regarding the facts in this case. You will each submit your own (up to) 25 minutes video and you will be individually marked solely on your mediation skills. You can attempt at the exercise as many times as you like.

I ask you to conduct the mediation/conciliation. I expect that you will all use a different dispute scenario, but you can use the same dispute if you wish. The dispute can be in any area of practice. You can have as many attempts at the video as you wish before uploading the final session, but I would like the video to be in one take. That is, do not break up your session into number of videos. I need to see the continuous flow of your work.

I suggest that you start working on the technology and if you have some useful information to share with your colleagues, please let them know through Moodle.

I recommend, but do not prescribe, the audio-visual program, Zoom as the platform for recording the session. You will be responsible for uploading the session or sessions where you take the role of mediator.


Assessment Due Date

Week 8 Thursday (12 Sept 2019) 11:45 pm AEST

I expect students to present their assignment work on time. I will not consider any request for an extension of time unless you upload an application in the appropriate manner, supported by documentation and made prior to the due time/date. I will impose a penalty deduction of 5% per day for late work, but only until the nominated cut-off date, Saturday, 21 September 2019.


Return Date to Students

Week 10 Monday (23 Sept 2019)

Student satisfaction surveys in the past indicate student concerns when a unit coordinator does not provide assessment feedback quickly. Generally, I release the feedback and marks the day after the final cut-off date (that is, I provide feedback and marks 10 days after the due date).


Weighting
40%

Assessment Criteria

Students will be assessed on their ability to identify the appropriate issues in dispute, conduct the process and demonstrate practical skills. I would like student to:

  • Set appropriate ground rules, extensively covered the opening statement requirements, and engaged with participants.
  • Maintain control while identifying a workable set of issues in conjunction with the participants.
  • Engage with the participants through the exploration phase to a high degree of professionalism.
  • Demonstrate an understanding of the ADR process.


Referencing Style

Submission
Online

Submission Instructions
I will only accept online submission of your work. Upload your work in a Word document (not PDF). In your Word document, include a link to your video. Make sure that I can view your work, so please check your settings. Take care with your submission, by avoiding obvious mistakes, such as basic spelling and grammatical errors. You should submit one document and ensure that you include your name in the name of the saved document.

Learning Outcomes Assessed
  • Discuss the range and operation of ADR methods and their relationship with litigation.
  • Develop and 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 an appreciation of the ADR processes of International Commercial Arbitration or Australian Indigenous peoples.


Graduate Attributes
  • Communication
  • Problem Solving
  • Critical Thinking
  • Information Literacy
  • Team Work
  • Information Technology Competence
  • Cross Cultural Competence
  • Ethical practice

2 Written Assessment

Assessment Title
Assessment 2 – Final Take Home Paper

Task Description

This written assessment is in the form of a take home paper in week 12. You will be required to upload your assessment through the Moodle unit website. This is an individual assessment. I will release the task on Thursday, 10 October 2019 at 6:30 PM (AEST). This assessment task must be completed by Friday, 11 October 2019 at 11:45 PM (AEST). You must complete the task by this date/time, otherwise you will receive a mark of zero for this assessment task.


Assessment Due Date

Week 12 Friday (11 Oct 2019) 11:45 pm AEST

You must upload your response to the assessment by the due date/time, otherwise you will receive a mark of zero for this assessment task.


Return Date to Students

The final take home paper will not be returned to students, you will receive your mark when grades for this unit are finalised.


Weighting
60%

Assessment Criteria

I assess students on their ability to demonstrate thinking and writing skills, to comprehend the material, to process the material and to provide a critical analysis and logical discussion of the law. Students are required to communicate an answer clearly and logically and in a concise manner. I expect you to present your paper in a professional manner. Please paginate your paper and use correct spelling and grammar. You must appropriately reference and attribute the work of others.

Fail

You will have shown evidence of the following:

  • the written expression is poor and difficult to understand
  • the answer is poorly organised
  • referencing is generally inadequate
  • lack of familiarity with the legislation and its application
  • failure to identify and address the issues in the question
  • reasoning and application demonstrated is poor

Pass

You will have:

  • made a conscientious attempt to address the topic and/or answer the question
  • shown evidence of having done the required reading and of having understood the reading
  • presented a reasonable argument to back up your conclusions
  • demonstrated a reasonable level of spelling and grammatical usage
  • used referencing but this may need improvement
  • issues that may need to be identified and addressed in more depth

Credit

You will have:

  • addressed the topic and/or answered the question directly
  • 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 reading widely
  • demonstrated understanding of the reading
  • used referencing that is satisfactory

Distinction

You will have:

  • met the above criteria for a credit
  • demonstrated the attainment of a high degree of understanding of the concepts of the course
  • 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

High Distinction

You will have:

  • met the above criteria for a distinction
  • demonstrated the attainment of an outstanding level of achievement regarding the objectives of this course
  • demonstrated an interesting and/or original approach/idea/argument
  • demonstrated mastery of the relevant referencing system
  • ensured your conclusions are backed by well-reasoned arguments demonstrating a detailed insight and analysis of issues
  • ensured your references are made to the appropriate legislation for particular issues


Referencing Style

Submission
Online

Submission Instructions
I will only accept online submission of your work. Upload your work in a Word document (not PDF). Students must present their assignment work on time. Take care with your submission. Avoid obvious mistakes, such as basic spelling and grammatical errors. Read your paper out aloud, word by word. It is slow however; it may be a productive exercise. Alternatively, or in addition, ask a friend to read your material. You should submit one document (even if the assessment is in two or more parts) and ensure that your name is included in the name of the saved document.

Learning Outcomes Assessed
  • Discuss the range and operation of ADR methods and their relationship with litigation.
  • Develop and 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 an appreciation of the ADR processes of International Commercial Arbitration or Australian Indigenous peoples.


Graduate Attributes
  • Communication
  • Problem Solving
  • Critical Thinking
  • Information Literacy
  • Cross Cultural Competence
  • Ethical practice

Academic Integrity Statement

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?