LAW 3525 - Alternative Dispute Resolution
North Terrace Campus - Winter - 2019
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 Available for Study Abroad and Exchange Y 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.The course will run over 5 days in the Winter Semester 2019:
Wednesday 18 and Thursday 19 July 9 am - 5 pm each day
Tuesday 23; Wednesday 24 and Thursday 25 July 9 am to 5 pm each day.
There will be approximately 24 hours of activities on each day of the course(practical workshops) that will be compulsory. This is a hurdle requirement for passing the subject. This is in order to ensure that Learning Outcomes 2, 4 and 6 are acheived. The dates of these activities will be provided in First Semester 2019.
Course Learning Outcomes
On successful completion of this course, students will be able to:
- Demonstrate knowledge 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; active reflection of the theoretical models of dispute resolution and capacity to analyse their operation in both legal and social contexts
- Capacity to engage in advanced dispute resolution systems design; Ability to adaptively apply ADR theory in varied practical contexts, including international, industrial, and socio political
- Demonstrate sophisticated understanding of the ethical and legal ethical issues surrounding Dispute Resolution models and practice, demonstrated through written verbal and roleplay communication.
- Conduct a mediation roleplay exercise in role as mediator demonstrating effective communication and dispute resolution skills.
- Apply the contextual and interpersonal dimensions of human needs theory in written verbal and active evaluation of complex ADR scenarios
- Demonstrate interpersonal and relational communication skills in diverse roleplay and evaluative exercises in workshops.
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) Deep discipline knowledge
- informed and infused by cutting edge research, scaffolded throughout their program of studies
- acquired from personal interaction with research active educators, from year 1
- accredited or validated against national or international standards (for relevant programs)
1-4 Critical thinking and problem solving
- steeped in research methods and rigor
- based on empirical evidence and the scientific approach to knowledge development
- demonstrated through appropriate and relevant assessment
1,2, 4, 5 Teamwork and communication skills
- developed from, with, and via the SGDE
- honed through assessment and practice throughout the program of studies
- encouraged and valued in all aspects of learning
1,2, 5, 6 Career and leadership readiness
- technology savvy
- professional and, where relevant, fully accredited
- forward thinking and well informed
- tested and validated by work based experiences
1,2, 3 Intercultural and ethical competency
- adept at operating in other cultures
- comfortable with different nationalities and social contexts
- able to determine and contribute to desirable social outcomes
- demonstrated by study abroad or with an understanding of indigenous knowledges
3-6 Self-awareness and emotional intelligence
- a capacity for self-reflection and a willingness to engage in self-appraisal
- open to objective and constructive feedback from supervisors and peers
- able to negotiate difficult social situations, defuse conflict and engage positively in purposeful debate
Required ResourcesPrescribed Sourdin Alternative Dispute Resolution
Additional text books will be recommended but not required.
Reading materials, 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 and workshops of varied 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.
The course will run for two days on 17 and 18 July, and for three days on 23, 24 and 25 July.
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.
A detailed timetable of activities including lectures seminars and workshops will be provided before the course commences.
Attendance at approximately 18 hours of workshops will be 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.
The scaffolding of lectures, student led preparation and investigation, synthesis of this investigation and preparation in seminars, and student led engagement throughout the course, 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 Task Type (Group or Individual) Redeemable? Length Course Learning Outcomes Exam 40% Takehome exam (2.5 hours)
2x short answer questions; 1x short essay; 1x opinion piece
To be negotiated with students at commencement of course. Wil not be before Friday 26 July, and may be following week.
Individual No 1-6 Dispute Resolution Design assignment.Based on DSD workshop in class. Failure to attend the workshop will prevent participatoin in the assignment. 20% 5 August 10 pm 2019 (TBC) Groups of 4 No 1500 words 2, 4, 5 Essay 40% 12 August 2019 10 pm (TBC) Individual NO 2000 words 1, 2,3
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 20% Group Dispute System Design Exercise Groups of 4. Exercise partially completed in class and then written report submitted.
2 40% Exam (take home) 2.5 hours
3 40% Essay – 2000 words, on set topics.
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.
Grade Descriptors are available which provide a general guide to the standard of work that is expected at each grade level. More information at Assessment for Coursework Programs.
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).
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:
*assuranceof the qualifications of markers, and their knowledge of the content covered ineach course;
*detailed marking guidelines and assessment rubrics to assist in the marking ofitems of assessment;
*sharing of example marked assessments at various grade bands across markers;
*reviewing of selected marked assessments from each marker by the coursecoordinator;
*comparison of the marks and their distribution across markers;
*automatic double-marking of all interim assessment receiving a fail grade, andof final assessments where a student’s overall result is a fail grade;
*the availability of re-marking of assessments in accordance with Adelaide LawSchool’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.
Final results for this course will be made available through Access Adelaide.
The University places a high priority on approaches to learning and teaching that enhance the student experience. Feedback is sought from students in a variety of ways including on-going engagement with staff, the use of online discussion boards and the use of Student Experience of Learning and Teaching (SELT) surveys as well as GOS surveys and Program reviews.
SELTs are an important source of information to inform individual teaching practice, decisions about teaching duties, and course and program curriculum design. They enable the University to assess how effectively its learning environments and teaching practices facilitate student engagement and learning outcomes. Under the current SELT Policy (http://www.adelaide.edu.au/policies/101/) course SELTs are mandated and must be conducted at the conclusion of each term/semester/trimester for every course offering. Feedback on issues raised through course SELT surveys is made available to enrolled students through various resources (e.g. MyUni). In addition aggregated course SELT data is available.
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For more information please check out the Writing Centre website at http://www.adelaide.edu.au/writingcentre/
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 at https://www.facebook.com/LexSalusALS/ , our website at https://law.adelaide.edu.au/lex-salus/ and regular allstudent emails promote upcoming events, and have tips and information on wellness. Our Lex Salus Youtube channel at https://www.youtube.com/channel/UCN5jQ44r8SmVn0txjaNcj3w 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.
The University Counselling Service provides a free and confidential service to all enrolled students. We encourage you to contact the Counselling service on 8313 5663 to make an appointment to deal with any issues that may be affecting your study and life. More information is available at https://www.adelaide.edu.au/counselling_centre/.
Policies & Guidelines
This section contains links to relevant assessment-related policies and guidelines - all university policies.
- Academic Credit Arrangement Policy
- Academic Honesty Policy
- Academic Progress by Coursework Students Policy
- Assessment for Coursework Programs
- Copyright Compliance Policy
- Coursework Academic Programs Policy
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- Intellectual Property Policy
- IT Acceptable Use and Security Policy
- Modified Arrangements for Coursework Assessment
- Student Experience of Learning and Teaching Policy
- Student Grievance Resolution Process
Further information regarding the Law School Policies and Procedures in relation to Supplementary Assessment, Extensions, and Remarks etc can be found at:
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.
Students are reminded that in order to maintain the academic integrity of all programs and courses, the university has a zero-tolerance approach to students offering money or significant value goods or services to any staff member who is involved in their teaching or assessment. Students offering lecturers or tutors or professional staff anything more than a small token of appreciation is totally unacceptable, in any circumstances. Staff members are obliged to report all such incidents to their supervisor/manager, who will refer them for action under the university's student’s disciplinary procedures.
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