This course is coordinated by Margaret Castles and Anne Hewitt.

Margaret Castles
Email: margaret.castles@adelaide.edu.au
Phone: 8313 5572
Office: 330 Ligertwood Building


Contact information for other teachers in the course and contact times will be made available on MyUni.

Lectures will commence in Week 1, and continue until Week 12. To accomodate public holidays some lectures will be provided online. There will also be 12 x 3 hours seminars during the semester.  The seminars commence in week 1. 



Students wll work in small groups of 3 throughout the semester including for a major assessable activity (20%). Groups are formed in Week 4. If you haven't attended any seminars you won't be in a group and will have to fit in where you can. There is individually assessable work based on Seminars 2 and 3. If you miss those seminars you will have difficulty completing this work. Basically all of this means that it's not a good idea to plan to start this subject in Week 3 or 4 of semester.



Please note that this course has a compulsory attendance. You may only miss 3 x 3 hour seminars. If you miss more than 3 seminars you will not be eligible to pass. Seminar attendance assumes attendance at the entire seminar. Seminars may be missed for any reason, but be mindful that if you miss 3 seminars (for any reason) and then get sick, you will not be able to miss any more. You can attend different seminar times if you need to during the semester. 
 


If you encounter any significant medical or compassionate issue that means you have to miss more than 3 seminars, you can apply to the course coordinator for special consideration.

On successful completion of this course, students will be able to:

1. Apply the theories that underpin dispute resolution in society, social and psychological; select appropriate Dispute Resolution models for specific disputes; practice the skills of dispute resolution in simulated mediation and negotiation exercises. 

2 Locate, critique and apply legislation, case law and secondary sources to resolve complex legal problems. Critically review different dispute resolution options within and outside the civil court system.

3. Critically analyse and apply legislation, rules and cases to generate solutions and to critique dispute resolution law from the perspectives of fairness, accessibility and effectiveness of the civil justice system, and access to justice.  

4. Create and sustain concise and cohesive written and oral arguments with a focus on client advice, courtroom documents and advocacy.  Work effectively as part of a team undertaking complex legal work in the context of a mock civil dispute.

5. Apply ethical principles governing civil legal practice, articulate the professional obligations of lawyers relevant to dispute resolution, and critique dispute resolution laws from a range of perspectives. 

6. Reflect on their capacity to operate effectively individually and as a member of a team. Utilise feedback and constructive self-evaluation to inform improvement and personal development. 

• Margaret Castles and Anne Hewitt, Dispite Resolution and Ethics 3rd Edition (Thomson Reuters, 2018)
• Dispute Resolution and Ethics 2019 seminar guides and workbooks (available on MyUni)
• Supreme Court Rules Forms and Practice Directions (SA) 2006. Available online at SA Courts website:  http://www.courts.sa.gov.au
• Law Society of South Australia, Australian Solicitors Conduct Rules. Available from the Law Society of SA website: https://www.lawsocietysa.asn.au/LSSA/Lawyers/Publications/Solicitor_Conduct_Rules.aspx
• Robert Lunn, Sueing in South Australia, 2016.

A NOTE ON RESOURCES:
The textbook has been created specifically for this course. There should be second hand copies readily available from 2018 students. It is used in every week of the course and we recommend having a copy if possible.

There is no need to buy any of the other resources, we will discuss what hard copy resources will be most useful when the subject starts.

A range of additional resources are available online and in the library, which you may find of assistance. Look on the MyUni site, or ask the librarians or course coordinators for suggestions.

Selected course materials will be made available on MyUni. This will include all seminar guides, assessment information and instructions, audio recordings of lectures and all lecture PowerPoints. Tools for individual preparation, practical exercises and some assessment exercises will also be offered online throughout the semester. Students are expected to check MyUni regularly to keep up to date with these materials and additional learning resources throughout the semester.

The course will be taught through lectures supported by interactive problem-solving seminars, practical exercises developing primary material, and self-directed work.

Generally, there will be lecture on each topic, and a week later the seminar on that topic will be scheduled. This means lectures will usually be a week before the topic is covered in seminars. The lecture for week 1 will be pre recorded and made available for students to listen to in O week before seminars start in Week 1.

Students will be expected to attend a two hour lecture every week and 30 hours of seminars during the semester.

Lectures commence in Week 1; Seminars commence in Week 2. Both continue until Week 12. There will be 10 seminars, and 12 lectures with some lectures provided online. There will also be a number of additional optional workshops scheduled during the semester. Dates for all teaching events will be provided in early 2019.

Please note that this course has a compulsory attendance. You may only miss 2 x 3 hour seminars. If you miss more than 2 seminars you will not be eligible to pass. Seminar attendance assumes attendance at the entire seminar. Seminars may be missed for any reason, but be mindful that if you miss 2 seminars (for any reason) and then get sick, you will not be able to miss any more. If you encounter any significant medical or compassionate issue that means you have to miss more than 2 seminars, you can apply to the course coordinator for special consideration.

Lectures and Seminars will commence in Week 1 of semester and will continue into Week 12 of Semester.

The learning activities summary below is provisional and weekly topics and assessment due dates may be changed prior to the commencement of teaching.

Week	Lectures	Seminars	Workshops and Assessment (precise due dates for assessment are to be confirmed to ensure assessment opportunities are consistent with student needs and interests)
1	Introduction to civil dispute resolution	Seminar 1 Conflict, disputes, and civil litigation
2	ADR as primary dispute resolution	Seminar 2 ADR practice and case strategy
3	Pleadings and process	Seminar 3 – case analysis and pleadings	Critical ADR exercise. Due Monday 25 March 10:00pm
4	Pleadings continued Disclosure	Seminar 4 – Pleadings workshop	Case evaluation file note due Monday 8 April 10:00pm
5	Disclosure and Privilege	Seminar 5 - Disclosure
6	Privilege, applications and advocacy	Seminar 6 Practice Advocacy Applications
	Mid Semester Break		Pleadings exercise. Due Monday 22 April 10.00 pm
7	Investigatory processes	Seminar 7 First Interlocutory application
8	Maintaining the status quo	Seminar 8 Pre emptive and protective applications
9	Costs and case management	Seminar 9 - Second Interlocutory Application
10	Negotiation and dispute counselling	Negotiation exercise and start of Second PBL module
11	Appeals and judicial review	Seminar 11 - Second PBL module and commence Third PBL module	Advocacy report and documents due Monday 27 May 10.pm
12	Exceptoinal cases, ethics, and exam	Seminar 12 Third PBL modulue.

Each student in this course will work in a small team to progress a client's case across the course of the semester. Under the supervision of a more senior lawyer (your seminar leader) your team will:

• Advise your client about how to use the civil litigation process;
• Review pleadings on behalf of your client;
• Make and defend applications for interlocutory orders in two adversarial courtroom exercises;
• Engage in a negotiation to try and resolve the dispute.

Each of these activities will require your team to explore the rules of civil procedure and apply them to your client's situation in a simulated practice environment.

Assessment Task	Task Type	Due	Weight	Length	Redeemable	Learning Outcomes
Critical ADR exercise (based on Seminar 1-2 exercises)	Individual	Monday 25 March 10:00pm TBC	10%	1000 words	No	1, 2,3, 4, 5
Case evaluation file note (based on Seminar 3 - 4 exercises)	Individual	Monday 8 April 10:00pm TBC	10%	1000 words	No	1, 2, 3, 4, 5
Pleadings and ethics exercise	Individual	Monday 22 April 10:00pm, TBC	20%	No word limit for the pleading or peer feedback. 800 words analysis, final limit TBC	No	1, 2, 3, 4, 5
Advocacy exercise based on interlocutory application 1 and 2 and peer evaluation of group work	Group	Monday 27 May 10:00pm, TBC	20%	Aplication Outline and Affidavits: no limit. Summary of appliation: Approximately 1500 words, final limit TBC	No	1, 2, 3, 4, 5,6
Exam	Individual	University Examination Period	40%	2 hours	A minimum grade of 40% is required in the exam to pass the subject overall. Any student who receives less than 40% on the primary exam will be permitted to sit a replacement exam with the aim of acheiving 40%.	1, 2, 3, 4, 5

ATTENDANCE REQUIREMENT

There are 12 x 3 hour seminars in this course. Students who miss more than THREE (3) seminars during the course of the semester will be unable to pass the course. Students may complete make-up work for seminars missed for compassionate or medical reasons at the discretion of their seminar leader  and/or the course coordinator. The precise nature of this make up work will depend on the seminar missed and will be negotiated with the seminar leader.

This subject prepares students for legal practice in SA and is a prerequisite for admission to the Supreme Court of South Australia roll of practitioners. It is designed to introduce students to the theory and practice of civil and criminal litigation, which will be further studied at post graduate level prior to admission as a legal practitioner. Skills such as critical evaluation, exercising legal and forensic judgment, appreciation of the operation of judicial discretion, and the capacity to communicate legal procedural argument clearly and effectively are critical to practice in this area.

The appreciation of legal ethical principles is also an important graduate attribute. Whilst legal ethics are couched in absolute terms, in practical application, there is considerable subjectivity at play. Seminars in this subject make regular reference to ethical dilemmas, and draw on students to engage in evaluation and resolution of such dilemmas by reference to given principles, and legal and social outcomes. The practice of law requires lawyers to be able to identify and resolve such issues, and this is almost always only achievable by consultation with peers and other professionals. Including such issues in seminars, and assessing students’ capacity to approach them in a professional and effective manner, is a necessary aspect of teaching future legal professionals, and is best achieved by direct observation and participation in class. The seminars are predicated on the assumption that students have undertaken given preparation, and approach the subject matter at a relatively sophisticated level based on this preparation. Individual or small groups of students will often be asked to prepare issues for discussion, to undertake small research exercises, or to otherwise contribute to future seminars. Activities of this nature are an essential part of being an effective professional in the legal field. Small class sizes (24) and a strong focus on interactive learning make methodology such as this an effective way of developing students strategic and forensic thinking skills.

For these reasons attendance and satisfactory participation in in seminars is compulsory. Students who do not meet these requirements will not be eligible to take the exam. Responsibility for monitoring attendance and participation is set out below.

Models of class participation are varied to meet different educational styles, cultural approaches, and gender implications. They include:

• small group discussions (groups of 4 – 6) with different students invited to convene and record discussion;
• tutors moving between groups and assisting with discussion;
• large group discussion with emphasis on directed questions, and reporting on preparatory work done for seminars;
• working in pairs on case evaluation and discussion;
• students being given specific small preparatory tasks for seminar, so that they have the opportunity to prepare and be confident of delivery and are not “put on the spot”;
• students assisting each other in answering questions or developing themes in class discussions.

It is expected that tutors will identify students strengths and weaknesses and utilise these strategies so as to encourage development and confidence and ensure equality of participation.

Responsibility for monitoring attendance and participation is shared between seminar leaders and students as follows:

Attendance - Students who miss more than 3 seminars during the semester MUST contact their seminar leader to establish whether make-up work for the missed seminars is possible. IT IS EACH STUDENT’S OWN RESPONSIBILITY TO MONITOR THEIR ATTENDANCE AND ENSURE THEY HAVE SATISFIED THE MINIUMUM ATTENDANCE REQUIREMENT.

Satisfactory participation - If students have satisfied the attendance requirement, but have failed to satisfactory participate in seminars, this will be brought to their attention by the SEMINAR LEADER. The seminar leader and student will then discuss the participation requirements of the course and any obstacles to participation by the student. If appropriate, additional work (as negotiated by the seminar leader and student) may be completed by the student to supplement their participation.

1. Critical ADR and ethics exercise – 10%
This exercise will be based on activities undertaken in Seminar 1 and will require students to critically engage with and reflect on principles of alternative dispute resolution and ethics. Assignment instructions will be posted on MyUni. The assignment will be submitted online via Turnitin.
 
2. Case evaluation opinion – 10%
This file note will be based on activities and analysis undertaken in seminar 2. Assignment instructions will be posted on MyUni. The assignment will be submitted online via Turnitin. 
 
3. Individually assessed pleadings and ethics exercise – 20%
The assignment will require students to draft pleadings and explain their drafting strategy, case strategies and identify and engage with ethical issues. Assignment instructions will be posted on MyUni. The assignment will be submitted online via Turnitin.

4. Group assessed advocacy exercise – 20%
This group assignment will be based on the two interlocutory applications completed in class in week 7 and 9 of semester. Assignment instructions will be posted on MyUni. The assignment will be submitted online via Turnitin.

If a student fails to contribute appropriately to their group in the completion of the group assignment, they will suffer a marks penalty that adjusts their mark for this item of assessment to a level commensurate with their contribution, and this lower mark will count towards their final grade. Information about how to work in groups, and the processes to be followed in the event of a failure to contribute appropriately, will be made available on MyUni. The advocacy exercise will include a requirement for each team member to engage in peer review of their team mates’ group work contribution. This peer evaluation will be used to evaluate students' contribution to their group.



5 Examination – 40%
The final two hour invigilated examination will be held during the examination period and will be scheduled by examinations office. A grade of 40% or higher is required to pass the subject overall.  All students who sit the exam and receive less than 40% will be eligible to sit a supplementary exam for which the maximum grade they can receive is 40%.

Students must retain a copy of all assignments submitted.

Late Submission Penalties
When an assessment is submitted after the due date, without an extension, 5% of the total mark possible will be deducted for every 24 hours or part thereof that it is late, including each day on a weekend and public holidays. For example, an essay that is submitted after the due date and time but within the first 24 hour period, and that has been graded at 63%, will have 5% deducted, for a final grade of 58%. An essay that is more than 24 hours late will lose 10%, etc.

Word Length Penalties
5% of the total mark possible for a written assessment will be deducted for every 100 words (or part thereof) by which it exceeds a stipulated word limit. For example, a 3,000 word essay graded at 63% will have 5% deducted if it is between 3,001 and 3,100 words long for a final mark of 58%. If the essay is between 3,101 and 3,200 words long, 10% will be deducted for a final mark of 53%, etc. Word limits include all words in the text, in headings, in quotations, but exclude citations in footnotes. Any separate cover page, table of contents, bibliography or list of sources is excluded from the word limit. If the word limit is misstated, this may be regarded as academic dishonesty.

All written work in the Law school is required to comply with the approved Law School style guide, The Australian Guide to Legal Citation.

The quality of English expression is considered to be an integral part of the assessment process. Marks may be deducted from assessment because of poor expression, incorrect grammar, typographical errors etc.

Assignments will be returned to students within 3 weeks of the due date with written feedback.

Courses for which a result of conceded pass has been obtained may not be presented towards the degree requirements for the Bachelor of Laws or the Honours Degree of Bachelor of Laws programs, or any postgraduate law program, nor to satisfy prerequisite requirements within any law course.

Finality of Assessment Grades

Students are advised that Course Coordinators will not enter into negotiations of any kind with any student regarding changes to their grades. It is irrelevant, in any given circumstance, that only a minimal number of additional marks are required to inflate a student’s grade for any individual assessment item or course as a whole. Pursuant to the University’s Assessment for Coursework Programs Policyand the Adelaide Law School Assessment Policies and Procedures, grades may only be varied through the appropriate channels for academic review (such as an official re-mark).

Moderation

In accordance with the University’s Assessment for Coursework Programs Policy, course coordinators ‘ensure that appropriate marking guidelines and cross-marking moderation processes across markers are in place’ in each course. Procedures adopted by Adelaide Law School to ensure consistency of marking in courses with multiple markers include:

• assurance of the qualifications of markers, and their knowledge of the content covered in each course;
• detailed marking guidelines and assessment rubrics to assist in the marking of items of assessment;
• sharing of example marked assessments at various grade bands across markers;
• reviewing of selected marked assessments from each marker by the course coordinator;
• comparison of the marks and their distribution across markers;
• automatic double-marking of all interim assessment receiving a fail grade, and of final assessments where a student’s overall result is a fail grade;
• the availability of re-marking of assessments in accordance with Adelaide Law School’s Assessment Policies and Procedures.

Approval of Results by Board of Examiners

Students are reminded that all assessment results are subject to approval (and possible moderation/change) by the Law School’s Board of Examiners. Assessment results at the University are not scaled. Under the Assessment for Coursework Programs Policy, students are assessed ‘by reference to their performance against pre-determined criteria and standards … and not by ranking against the performance of the student cohort in the course’. However, under that same policy, the Board of Examiners (as the relevant Assessment Review Committee for courses at Adelaide Law School) is required to ‘ensure comparability of standards and consistency’ in assessment. On occasions, the Board of Examiners will form the view that some moderation is required to ensure the comparability of standards and consistency across courses and years, and accordingly provide fairness to all law students. All assessment results are therefore subject to approval (and possible change) until confirmed by the Board of Examiners and posted on Access Adelaide at the end of each semester.

In 2017 the SELT responses we received indicated that students were satisfied with the quality of the DRE course, although they found it quite demanding. We were particularly pleased with the positive response in the SELTs about the group work component of the DR+E course, and about the new seminar format.

Students appreciated the varied learning options as well as the high level of practicality. The amount of feedback provided throughout the course was also appreciated.

This year we have continued the 3 hours seminar format, which is much simpler in timetable terms than the previous seminar system. We will also offer workshops on activities which will engage you with aspects of lawyers' professional practice, and also assist to prepare you for assessable activities. These voluntary workshops will assist students refining assessable work prior to submission, and to develop other critical skills.

In 2017 we were impressed by how well students rose to the occasion and prepared for seminars in advance, and will continue to expect that in 2018. However, a number of students commented that they needed additional support in managing aspects of the course, and we will implement strategies to respond to that in 2018.In 2017 the SELT responses we received indicated that students were satisfied with the quality of the DRE course, although they found it quite demanding. We were particularly pleased with the positive response in the SELTs about the group work component of the DR+E course, and about the new seminar format.

Students appreciated the varied learning options as well as the high level of practicality. The amount of feedback provided throughout the course was also appreciated.

This year we have continued the 3 hours seminar format, which is much simpler in timetable terms than the previous seminar system. We will also offer workshops on activities which will engage you with aspects of lawyers' professional practice, and also assist to prepare you for assessable activities. These voluntary workshops will assist students refining assessable work prior to submission, and to develop other critical skills.

In 2017 we were impressed by how well students rose to the occasion and prepared for seminars in advance, and will continue to expect that in 2018. However, a number of students commented that they needed additional support in managing aspects of the course, and we will implement strategies to respond to that in 2018.

The University Writing Centre provides academic learning and language development services and resources for local, international, undergraduate and postgraduate coursework students enrolled at the University of Adelaide.

The centre offers practical advice and strategies for students to master reading, writing, note-taking, time management, oral presentation skills, referencing techniques and exam preparation for success at university through seminars, workshops and individual consultations.

Lex Salus Program

Lex Salus (law and wellbeing) is an initiative of the Adelaide Law School aimed at destigmatising mental health issues; promoting physical, mental and emotional wellness; building a strong community of staff and students; and celebrating diversity within the school. It also seeks to promote wellness within the legal profession, through the involvement of the Chief Justice of the Supreme Court of South Australia, the Honourable Chris Kourakis, as the official Patron of the program.

Students can participate in the Lex Salus program by attending barbecue lunches, pancake breakfasts, knitting and crochet circles, seminars, guest speakers, conferences and other activities. Our Facebook page, website and regular all-student emails promote upcoming events, and have tips and information on wellness.

Our Lex Salus YouTube channel also includes videos on topics like managing stress, and interviews with LGBTQ lawyers and their supporters which celebrate diversity and individuality. Students who commit to 10 hours of volunteering with Lex Salus in one year can have their service recognised on their academic transcript and through a thank you morning tea with the Chief Justice and law school staff.

Student Life Counselling Support

The University’s Student Life Counselling Support service provides free and confidential service to all enrolled students. We encourage you to contact the Student Life Counselling Support service on 8313 5663 to make an appointment to deal with any issues that may be affecting your study and life.

Academic Honesty

Academic dishonesty is a serious act of academic misconduct. All students must be familiar with the University’s Academic Honesty Policy.

Academic dishonesty is a serious matter and is treated as such by the Law School and the University. Academic dishonesty (which goes beyond plagiarism) can be a ground for a refusal by the Supreme Court of South Australia to admit a person to practice as a legal practitioner in South Australia.

Academic honesty is an essential aspect of ethical and honest behaviour, which is central to the practice of the law and an understanding of what it is to be a lawyer.