LAW 3525 - Alternative Dispute Resolution
North Terrace Campus - Winter - 2014
General Course Information
Course Code LAW 3525 Course Alternative Dispute Resolution Coordinating Unit Adelaide Law School Term Winter Level Undergraduate Law (LLB) Location/s North Terrace Campus Units 3 Contact Intensive Prerequisites LAW 1501 Incompatible LAW 3010 Assumed Knowledge LAW 3501 Restrictions Available to LLB students only Course Description The course includes a detailed examination of the theory and practice of ADR methods in the context of an adversarial legal system, to develop an understanding of the operation and implications of various ADR theories and practices and to assess their value. It evaluates the experience in Australia and other common law countries of the development and incorporation of ADR options in dispute resolution, in civil, administrative, family and criminal contexts. Additionally, the course explores the application of ADR processes in the international environment, including International Commercial Arbitration, and other forms of international dispute resolution in non commercial contexts, including those raising human rights and natural resource issues. The course aims to develop ability to critically assess the legal, social and other issues associated with ADR, and to understand the implications of the operation of those theories in an adversarial legal context.
The course will include a selection from the following or similar topics: the nature of disputes, including the psychological, political, cultural, economic and social issues of dispute resolution; acceptance and operation of ADR as a credible dispute resolution alternative to litigation; theory; features and values of various forms of ADR; Justice reform, including the role of the courts and the provision of court annexed ADR, the "multi-doored" court, and the role and value of judicial decision making; domestic and international commercial arbitration; ADR and industrial disputes; power and control in dispute resolution; mediation theory; ADR and criminal law; dispute system design; legal rights and responsibilities flowing from ADR outcomes; and ethical issues for ADR practitioners.
The course will include the participation of ADR practitioners. Students will engage in practical ADR exercises through role plays.
Course Coordinator: Margaret Castles
The full timetable of all activities for this course can be accessed from Course Planner.
Course Learning Outcomes
- Appreciation of the social relevance and historical context of DR models in Western and other social contexts;
- Capacity to identify and analyse the complex drivers of dispute behaviour in the community,
- Understanding of the theoretical models of dispute resolution and capacity to analyse their operation in both legal and social contexts
- Development of basic mediation skills, including communication, analysis, and issue identification
- Capacity to engage in simple dispute resolution systems design
- Ability to adaptively apply ADR theory in varied practical contexts, including international, industrial, and socio political
- Sophisticated understanding of the ethical and legal ethical issues surrounding Dispute Resolution models and practice.
- Prepare and present an engaging informative presentation on a chosen area of ADR that expands upon the core themes of the course
University Graduate Attributes
This course will provide students with an opportunity to develop the Graduate Attribute(s) specified below:
University Graduate Attribute Course Learning Outcome(s) Knowledge and understanding of the content and techniques of a chosen discipline at advanced levels that are internationally recognised. 1,3,5,7 The ability to locate, analyse, evaluate and synthesise information from a wide variety of sources in a planned and timely manner. 2,3,4,6,8 An ability to apply effective, creative and innovative solutions, both independently and cooperatively, to current and future problems. 2,3,4,5 Skills of a high order in interpersonal understanding, teamwork and communication. 3,4,5,8 A proficiency in the appropriate use of contemporary technologies. 1-8 A commitment to continuous learning and the capacity to maintain intellectual curiosity throughout life. 1-8 A commitment to the highest standards of professional endeavour and the ability to take a leadership role in the community. 2-6 An awareness of ethical, social and cultural issues within a global context and their importance in the exercise of professional skills and responsibilities. 3,6,7
Required ResourcesSourdin, T.M., 2012, Alternative Dispute Resolution, Thomson Reuters.
Reading materials, course profile, seminar guides – available on MYUNI
Recommended ResourcesSupplementary reading, internet and other resources as recommended in seminar guides and via MYUNI or other electronic media.
Online LearningSeminar guides, other useful material, and links to websites will be provided on MYUNI. Instructions for mediation and negotiation roleplays will be provided in MYUNI. Social media interface may also be implemented. Students may be asked to post comments or short summaries of material online for their seminar group. Discussion boards for the entire cohort and individual seminar groups will be used, as will file exchange, as appropriate, to facilitate students supporting each others’ learning process. Students are required to check MYUNI regularly to keep up to date with material announcements.
Learning & Teaching Activities
Learning & Teaching ModesThis course focuses on interactive seminars each of two hours duration during which students will engage in a series of workshops including mediation, dispute system design, dispute system evaluation, guided discussion and problem solving, negotiation gaming, mini debate, and student led presentations.
10 hours of lectures will be used to cover legal theory, audio visual presentations of process, guest lecturers, and analysis of some of the more complex areas of the course. Where possible lectures will be recorded and made available online. Lecture content (and pre reading for lectures) will be linked to seminar topics.
Attendance at seminars each week is compulsory, as active preparation for and engagement in the seminar process is central to student capacity to synthesise and evaluate the themes of the course. Attendance at seminars where students have been allocated a role play in partnership with other students is compulsory. Students will be expected to engage in self directed seminar preparation including internet research, focussed research, and investigation of different topics, and preparation for guided discussion on allocated topics. Preparation will range from reading and commenting on texts and materials, investigation of different approaches to ADR theory and practice, and may include informal evaluative inquiry of other persons, students, or organisation. This preparation will link directly to seminar programs.
Students will also present their own assessable short group presentations on chosen areas of interest during seminars.
Student presentations will occur on the final day of the course with a symposium type day of presentations by all students in groups of 6. The scaffolding of lectures, student led preparation and investigation, synthesis of this investigation and preparation in seminars, and finally student led presentations, aims to invest students with the basic knowledge and theory of ADR, and to enable them to build on this knowledge and theory in a self directed and inquisitive manner, sharing their perspectives and conclusions with their class. Students will draw on their own and others’ research and investigation, assisted by tutors, in developing a strongly analytical evaluative approach, that supports curiosity and investigation in this varied and interesting area, as well as encouraging imaginative approaches to ADR in a local and global context whilst maintaining an ethos of robust critical evaluation.
The information below is provided as a guide to assist students in engaging appropriately with the course requirements.The information below is provided as a guide to assist students in engaging appropriately with the course requirements. The University expects full time students to devote a total of 48 hours per week to their studies. In addition to 36 contact hours, students can expect to complete seminar preparation in approximately 2 – 4 hours per seminar topic. This does not include preparation for small group presentation, or other assessment.
Learning Activities SummaryStudents will attend lectures, participate in active exercises in workshops and seminars, and engage in critical evaluation of a range of ADR processes and experiences in a range of contexts. Seminars will entail small group discussion, individual presentations and engagement, small group exercises, and the opportunity to engage in discussion with practitioners in the ADR field.
The University's policy on Assessment for Coursework Programs is based on the following four principles:
- Assessment must encourage and reinforce learning.
- Assessment must enable robust and fair judgements about student performance.
- Assessment practices must be fair and equitable to students and give them the opportunity to demonstrate what they have learned.
- Assessment must maintain academic standards.
Assessment % of final mark Due date Length 5x Portfolio/blog or online journal/reflective exercises 20% total - 4% each SEQUENTIAL ONLINE SUBMISSION VIA MYUNI DURING BOTH WEEKS OF THE COURSE
Due dates to be advised
500 words each Group Presentation 20% - 5% handout + bibliography, 5% proposal + plan (1500 words), 10% presentation Thursday 24 July during seminars 10 minutes 1500 words Essay 60 Monday 4 August 2014 at 2 pm 2500 words
Assessment Related RequirementsStudents must attend and participate in all seminars each week to pass the course. Students must demonstrate preparation including completion of readings and allocated small research and investigative task, and preparation for roleplays in which they are involved. Students who fail to attend seminar in which they have a role in an interactive roleplay without prior notice (24 hours except in case of illness or emergency) without good reason will not be eligible to pass the course. The reason for this requirement is that the participation in mediation roleplays is a critically important part of this course. Students work in groups of 3 over 2 seminars (3 hours in total) which enables every student to play the role of mediator. If a student fails to attend a seminar in which they play a role, without notice, then the other two students are deprived of the activity for that seminar. For this reason, students must either attend the seminars or provide prior notice so that alternative arrangements can be made
Assessment Detail1 Learning portfolio – 2 reflective blog or journal entries each of 500 words on specified activities undertaken in class, to be submitted via MYUNI. Details of these activities and submission formats will be provided via MYUNI. Grade criteria will be provided via MYUNI. 20%. To be submitted by 9 and 11 July 2014 at 9 pm.
2 Group presentation – groups of 6 to prepare 10 minute presentation, supported by written outline/bibliography and summative handout 20%. Presentations to occur on final day of course (17 July 2014). Each group will make a presentation to the class on an ADR topic of their choosing. The presentation will be for a maximum of 10 minutes, followed by 5 minutes for class discussion. In addition to actual presentation, each group is required to provide an abstract of 500 words setting out the topic of the presentation and a brief summary, and a bibliography (not included in the word limit). Both of these documents are to be provided to the Course Coordinator for inclusion in a program for the day by 12 noon on the day immediately prior to the scheduled presentation. The presentation and abstract will be assessed together for 20% of the total mark in the course. Assessment is based on the content of the presentation and abstract, the handling of questions and discussion in the presentation, and observing limits. If the abstract is late without good reason, 10% of the total mark for the course will be forfeited. Students will receive written criteria based feedback on their presentation. Presentation guidelines and assessment criteria for presentations will be made available on MYUNI prior to the commencement of the course.
3 Essay – 2500 words, on set topics. Due Monday 4 August 2012 at 2 pm. Submission and Assessment criteria for the essay will be provided via MYUNI before the course commences.
SubmissionLate submission : When an assessment is submitted after the due date, and 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. 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. Hard copy submissions made after 5.00pm on a Friday will be assumed to have been submitted on the next business day and will be penalised 5% per day for every day including weekend days and public holidays. This penalty may be increased where the assignment is to be completed in a period of less than a week. Extensions on medical or compassionate grounds will be in accordance with University Policy (see below). As far as practicable, each item of assessment will be returned to students within 3 weeks of submission. Assessment that forms part of mid semester assessment will be as far as practicable returned within 2 weeks of submission.
Grades for your performance in this course will be awarded in accordance with the following scheme:
M10 (Coursework Mark Scheme) Grade Mark Description FNS Fail No Submission F 1-49 Fail P 50-64 Pass C 65-74 Credit D 75-84 Distinction HD 85-100 High Distinction CN Continuing NFE No Formal Examination RP Result Pending
Further details of the grades/results can be obtained from Examinations.
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