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LAWS5065 – Dispute Management and Resolution

2025 – Session 2, In person-scheduled-weekday, North Ryde

General Information

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Unit convenor and teaching staff Unit convenor and teaching staff Unit Convenor & Tutor
Jack Ellis
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Lecturer
Therese MacDermott
Contact via iLearn Messenger
Credit points Credit points
10
Prerequisites Prerequisites
130cp in LAW or LAWS 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.

Assessment Tasks

Name Weighting Hurdle Due
Professional Skills 10% No Ongoing During Tutorials
Practice-Based Task 40% No 11:55pm on Tuesday, 7 October 2025
Role Play report 30% No 11:55pm on Monday, 27 October 2025
Final Assessment 20% No 3pm to 5pm - Thursday 20 November 2025

Professional Skills

Assessment Type 1: Practice-based task
Indicative Time on Task 2: 0 hours
Due: Ongoing During Tutorials
Weighting: 10%

Students will engage in classroom activities including mooting, presentations or demonstrations, structured discussion and problem solving, doctrinal analysis, simulated client consultations, and collaborative legal research. Through these activities students will develop skills in oral advocacy, legal analysis, critical reasoning, teamwork and team leadership, and/or strategic problem-solving. These activities are designed to strengthen students' ability to communicate legal concepts verbally and engage professionally within a supportive learning environment.


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.
  • Demonstrate and apply the necessary skills required in alternative methods of resolving disputes, including in teams.
  • Identify, research and analyse the legal issues surrounding the practice of dispute resolution in Australia.

Practice-Based Task

Assessment Type 1: Practice-based task
Indicative Time on Task 2: 24 hours
Due: 11:55pm on Tuesday, 7 October 2025
Weighting: 40%

 

An assessment on professional skills and knowledge relevant to the unit. This could be a legal or policy brief, a report, an essay, a role play, a law reform proposal, legal pleadings or other related professional task. This assessment may require students to prepare a response through research and adhere to discipline-specific scholarly conventions.

 


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.

Role Play report

Assessment Type 1: Practice-based task
Indicative Time on Task 2: 20 hours
Due: 11:55pm on Monday, 27 October 2025
Weighting: 30%

 

A report that includes a reflective element based on the negotiation role play and skills practiced in tutorials. The report may also include a research element.

On successful completion you will be able to:

  • Identify and reflect on the negotiation skills and knowledge of negotiation theory that you demonstrated in your Role Play.
  • Describe and critique the various types of dispute resolution processes in operation in Australia which may be relevant to the nature of the dispute at the centre of the Role Play.
  • Research and critique the relevant ethical considerations in dispute resolution and management processes.
  • Identify and apply applicable dispute resolution processes relevant to the nature of the dispute and the participants in that dispute.

 

 


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.

Final Assessment

Assessment Type 1: Quiz/Test
Indicative Time on Task 2: 10 hours
Due: 3pm to 5pm - Thursday 20 November 2025
Weighting: 20%

A time based assessment requiring a written advice on an aspect of conflict resolution.


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

Delivery

Lectures: One recorded lecture per week (1 hour) delivered by Prof. Therese MacDermott

Tutorials: One in-person or online tutorial per fortnight (i.e. 2 hours, every second week) delivered by Jack Ellis.

This unit is worth 10 credit points, which equates to 150 hours of work. Therefore, students should expect to commit an average of 10 hours per week to this unit, including all scheduled and unscheduled activities and preparing and executing the assessment tasks.

Resources

The required textbook/s is/are: Spencer, Barry and Akin Ojelabi, Dispute Resolution in Australia (5th ed. 2023 Lawbook Co.) Students can purchase these textbooks online from online resellers such as Booktopia, Amazon and Zookal. Additional readings will be accessible through iLearn.

Students require access to a computer, internet with decent speed and a secure/reliable server. The iLearn page contains all Unit requirements and a weekly schedule for teaching, readings and tutorials. Information about all assessment tasks is also available on iLearn.

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:

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 connect.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/

Academic Success

Academic Success provides resources to develop your English language proficiency, academic writing, and communication skills.

The Library provides online and face to face support to help you find and use relevant information resources. 

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Student Enquiries

Got a question? Ask us via the Service Connect Portal, or contact Service Connect.

IT Help

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Unit information based on version 2025.04 of the Handbook