Students
LAWS5065 – Dispute Management and Resolution
2022 – Session 2, Online-scheduled-weekday
General Information
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| Unit convenor and teaching staff |
Unit convenor and teaching staff
Therese MacDermott
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|---|---|
| Credit points |
Credit points
10
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| Prerequisites |
Prerequisites
130cp in LAW or LAWS units
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| Corequisites |
Corequisites
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| Co-badged status |
Co-badged status
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| 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.
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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
Late Assessment Submission Penalty
Unless a Special Consideration request has been submitted and approved, a 5% penalty (of the total possible mark) will be applied each day a written assessment is not submitted, up until the 7th day (including weekends). After the 7th day, a mark of ‘0’ (zero) will be awarded even if the assessment is submitted. Submission time for all written assessments is set at 11.55pm. A 1-hour grace period is provided to students who experience a technical issue.
This late penalty will apply to non-timed sensitive assessment (incl essays, reports, posters, portfolios, journals, recordings etc). Late submission of time sensitive tasks (such as tests/exams, performance assessments/presentations, scheduled practical assessments/labs etc) will only be addressed by the unit convenor in a Special consideration application. Special Consideration outcome may result in a new question or topic.
Assessment Tasks
| Name | Weighting | Hurdle | Due |
|---|---|---|---|
| Negotiation exercise | 30% | No | 11.55 pm 29 September 2022 |
| Dispute resolution report | 30% | No | 11.55 pm 20 October 2022 |
| Take Home Final Assessment | 40% | No | 17 November 2022 time window 10am-5pm |
Negotiation exercise
Assessment Type 1: Simulation/role play
Indicative Time on Task 2: 10 hours
Due: 11.55 pm 29 September 2022
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: 11.55 pm 20 October 2022
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: 17 November 2022 time window 10am-5pm
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
1 Hour recorded lecture each week accompanied by on-line tasks to be completed.
2 Hour tutorial every second week.
Textbook: Spencer, Barry and Akin Ojelabi Dispute Resolution in Australia (4th ed 2019 Lawbook Co.)
Unit Schedule
Lecture topics
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 Negotiation Exercise (no lecture)
Week 9 Legal Issues in Dispute Resolution
Policies and Procedures
Macquarie University policies and procedures are accessible from Policy Central (https://policies.mq.edu.au). 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
- Assessment Procedure
- Complaints Resolution Procedure for Students and Members of the Public
- Special Consideration Policy
Students seeking more policy resources can visit Student Policies (https://students.mq.edu.au/support/study/policies). It is your one-stop-shop for the key policies you need to know about throughout your undergraduate student journey.
To find other policies relating to Teaching and Learning, visit Policy Central (https://policies.mq.edu.au) and use the search tool.
Student Code of Conduct
Macquarie University students have a responsibility to be familiar with the Student Code of Conduct: https://students.mq.edu.au/admin/other-resources/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
Academic Integrity
At Macquarie, we believe academic integrity – honesty, respect, trust, responsibility, fairness and courage – is at the core of learning, teaching and research. We recognise that meeting the expectations required to complete your assessments can be challenging. So, we offer you a range of resources and services to help you reach your potential, including free online writing and maths support, academic skills development and wellbeing consultations.
Student Support
Macquarie University provides a range of support services for students. For details, visit http://students.mq.edu.au/support/
The Writing Centre
The Writing Centre provides resources to develop your English language proficiency, academic writing, and communication skills.
- Workshops
- Chat with a WriteWISE peer writing leader
- Access StudyWISE
- Upload an assignment to Studiosity
- Complete the Academic Integrity Module
The Library provides online and face to face support to help you find and use relevant information resources.
Student Services and Support
Macquarie University offers a range of Student Support Services including:
- IT Support
- Accessibility and disability support with study
- Mental health support
- Safety support to respond to bullying, harassment, sexual harassment and sexual assault
- Social support including information about finances, tenancy and legal issues
Student Enquiries
Got a question? Ask us via AskMQ, or contact Service Connect.
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.
Unit information based on version 2022.03 of the Handbook