Students
LAWS5065 – Dispute Management and Resolution
2020 – Session 2, Special circumstance
Notice
As part of Phase 3 of our return to campus plan, most units will now run tutorials, seminars and other small group learning activities on campus for the second half-year, while keeping an online version available for those students unable to return or those who choose to continue their studies online.
To check the availability of face to face activities for your unit, please go to timetable viewer. To check detailed information on unit assessments visit your unit's iLearn space or consult your unit convenor.
General Information
Download as PDF
| Unit convenor and teaching staff |
Unit convenor and teaching staff
Convenor
Dr Susan Armstrong
I will not be located on campus this semester. Contact me via ILearn or Zoom as below.
Consultation Tuesday 9 am - 10 am Zoom: https://macquarie.zoom.us/my/suearmstrong. PMI 726 060 0005
Tutor
Jack Ellis
TBC
TBC
Tutor
Gil Tabucanon
TBC
TBC
Therese MacDermott
|
|---|---|
| Credit points |
Credit points
10
|
| Prerequisites |
Prerequisites
80cp in LAWS or LAW units
|
| Corequisites |
Corequisites
|
| Co-badged status |
Co-badged status
|
| Unit description |
Unit description
Dispute resolution schemes now dominate the practice of law at many levels. This unit explores various types of dispute resolution processes with an emphasis on negotiation, mediation, conciliation, arbitration and restorative justice. The unit provides an overview of the theory, philosophy, process, ethical and legal issues involved in each of these methods of dispute resolution. Through experiential role plays, discussions, exercises and research, students will be introduced to the skills required to advise on and participate in conflict resolution and management.
|
Important Academic Dates
Information about important academic dates including deadlines for withdrawing from units are available at https://www.mq.edu.au/study/calendar-of-dates
Learning Outcomes
On successful completion of this unit, you will be able to:
- ULO1: Describe and critique the various types of dispute resolution processes in operation in Australia and other jurisdictions.
- ULO2: Demonstrate and apply the necessary skills required in alternative methods of resolving disputes, including in teams.
- ULO3: Identify, research and analyse the legal issues surrounding the practice of dispute resolution in Australia.
- ULO4: Research and critique the relevant ethical considerations in dispute resolution and management processes.
- ULO5: Identify and apply the applicable dispute resolution process to the nature of the dispute and the participants in that dispute.
General Assessment Information
Assessment Tasks
| Name | Weighting | Hurdle | Due |
|---|---|---|---|
| Negotiation exercise | 30% | No | Monday 5 October 2020, 5 pm |
| Dispute resolution report | 30% | No | Monday 26 October 2020, 5 pm |
| Take Home Final Assessment | 40% | No | Wednesday 18 November 2020 |
Negotiation exercise
Assessment Type 1: Simulation/role play
Indicative Time on Task 2: 10 hours
Due: Monday 5 October 2020, 5 pm
Weighting: 30%
A negotiation role play undertaken in pairs or small groups that may be conducted face to face, online, or via video conferencing.
On successful completion you will be able to:
- Demonstrate and apply the necessary skills required in alternative methods of resolving disputes, including in teams.
- Research and critique the relevant ethical considerations in dispute resolution and management processes.
- Identify and apply the applicable dispute resolution process to the nature of the dispute and the participants in that dispute.
Dispute resolution report
Assessment Type 1: Report
Indicative Time on Task 2: 30 hours
Due: Monday 26 October 2020, 5 pm
Weighting: 30%
A report that includes a reflective element based on the negotiation role play and skills practiced in tutorials. Will also include a research element.
On successful completion you will be able to:
- Describe and critique the various types of dispute resolution processes in operation in Australia and other jurisdictions.
- Identify, research and analyse the legal issues surrounding the practice of dispute resolution in Australia.
- Research and critique the relevant ethical considerations in dispute resolution and management processes.
- Identify and apply the applicable dispute resolution process to the nature of the dispute and the participants in that dispute.
Take Home Final Assessment
Assessment Type 1: Quiz/Test
Indicative Time on Task 2: 2 hours
Due: Wednesday 18 November 2020
Weighting: 40%
A multiple choice quiz including problem solving questions
On successful completion you will be able to:
- Describe and critique the various types of dispute resolution processes in operation in Australia and other jurisdictions.
- Identify, research and analyse the legal issues surrounding the practice of dispute resolution in Australia.
- Identify and apply the applicable dispute resolution process to the nature of the dispute and the participants in that dispute.
1 If you need help with your assignment, please contact:
- the academic teaching staff in your unit for guidance in understanding or completing this type of assessment
- the Writing Centre for academic skills support.
2 Indicative time-on-task is an estimate of the time required for completion of the assessment task and is subject to individual variation
Delivery and Resources
David Spencer, Lise Barry, and Lola Akin Ojelabi, Dispute Resolution in Australia, Thomson Reuters 4th, 2019
Unit Schedule
Week 1 Introduction to the Unit
Week 2 Negotiation Part 1
Week 3 Negotiation Part 2
Week 4 Mediation Part 1
Week 5 Mediation Part 2
Week 6 Advisory and Determinative Processes
Week 7 Court based ADR and on-line dispute resolution
Week 8 Legal Issues in Dispute Resolution
Week 9 Negotiation Exercise due - No lectures or tuts
Week 10 Family Law Dispute Resolution
Week 11 Restorative Justice Processes
Week 12 Ethics & Standards in ADR
Week 13 Dispute Management & Future Directions
Policies and Procedures
Macquarie University policies and procedures are accessible from Policy Central (https://staff.mq.edu.au/work/strategy-planning-and-governance/university-policies-and-procedures/policy-central). Students should be aware of the following policies in particular with regard to Learning and Teaching:
- Academic Appeals Policy
- Academic Integrity Policy
- Academic Progression Policy
- Assessment Policy
- Fitness to Practice Procedure
- Grade Appeal Policy
- Complaint Management Procedure for Students and Members of the Public
- Special Consideration Policy (Note: The Special Consideration Policy is effective from 4 December 2017 and replaces the Disruption to Studies Policy.)
Students seeking more policy resources can visit the Student Policy Gateway (https://students.mq.edu.au/support/study/student-policy-gateway). It is your one-stop-shop for the key policies you need to know about throughout your undergraduate student journey.
If you would like to see all the policies relevant to Learning and Teaching visit Policy Central (https://staff.mq.edu.au/work/strategy-planning-and-governance/university-policies-and-procedures/policy-central).
Student Code of Conduct
Macquarie University students have a responsibility to be familiar with the Student Code of Conduct: https://students.mq.edu.au/study/getting-started/student-conduct
Results
Results published on platform other than eStudent, (eg. iLearn, Coursera etc.) or released directly by your Unit Convenor, are not confirmed as they are subject to final approval by the University. Once approved, final results will be sent to your student email address and will be made available in eStudent. For more information visit ask.mq.edu.au or if you are a Global MBA student contact globalmba.support@mq.edu.au
Student Support
Macquarie University provides a range of support services for students. For details, visit http://students.mq.edu.au/support/
Learning Skills
Learning Skills (mq.edu.au/learningskills) provides academic writing resources and study strategies to help you improve your marks and take control of your study.
The Library provides online and face to face support to help you find and use relevant information resources.
Student Services and Support
Students with a disability are encouraged to contact the Disability Service who can provide appropriate help with any issues that arise during their studies.
Student Enquiries
For all student enquiries, visit Student Connect at ask.mq.edu.au
If you are a Global MBA student contact globalmba.support@mq.edu.au
IT Help
For help with University computer systems and technology, visit http://www.mq.edu.au/about_us/offices_and_units/information_technology/help/.
When using the University's IT, you must adhere to the Acceptable Use of IT Resources Policy. The policy applies to all who connect to the MQ network including students.
Changes since First Published
| Date | Description |
|---|---|
| 24/07/2020 | Change to consultation times |
| 21/07/2020 | Tutors added. Room/Hrs TBC |