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Course profile

Alternative Dispute Resolution (LAWS5212)

Study period
Summer 2024
Location
St Lucia
Attendance mode
In Person

Course overview

Study period
Summer Semester, 2024 (06/01/2025 - 14/02/2025)
Study level
Undergraduate
Location
St Lucia
Attendance mode
In Person
Units
2
Administrative campus
St Lucia
Coordinating unit
Law School

An introduction to the theories and principles of Alternate Dispute Resolution (ADR) as applied within the context of Australian legal disputes. The course provides an overview of the most well-used ADR practices including a detailed exploration of the mediation and arbitration processes most likely to be encountered in practice. Students will leave the course with a working knowledge of ADR theory and principles as well as an understanding of the importance of dispute resolution strategies in modern legal practice.

This course provides an introduction to the theories and principles of Alternate Dispute Resolution (ADR). ADR models, applications and key skills will be explored. Participation in some practical exercises may be required. 

Course requirements

Prerequisites

You'll need to complete the following courses before enrolling in this one:

All Level 1 and 2 LAWS courses

Incompatible

You can't enrol in this course if you've already completed the following:

LAWS7212

Restrictions

LLB(Hons) and associated LLB(Hons) dual programs

Course contact

Course staff

Lecturer

Timetable

The timetable for this course is available on the UQ Public Timetable.

Additional timetable information

This course is taught intensively during Teaching Period 1 2025.

Aims and outcomes

Teaching Mission Statement

The mission of the TC Beirne School of Law is to educate students in and about the law. We seek to assist you to think critically about the law and to investigate its structures, principles, policies, and values. This is achieved by engaging with you as fellow investigators in a range of critical and intellectual conversations about the law and its place in society. Our role is thus to guide you in your own intellectual journey in the law and to equip you with the necessary skills that will enable you to continue that journey long after you have left the School.

Course Aims

This course is designed to provide an overview of the diverse subject of Alternate Dispute Resolution, its underlying theories and the fields of application of ADR processes. The course assessment will assist you to think critically about the role and place of dispute resolution in legal practice and in the adversarial legal system both in Australia and in foreign jurisdictions.

Learning outcomes

After successfully completing this course you should be able to:

LO1.

Understand and critically discuss alternate dispute resolution in an legal Australian context, and in particular how ADR fits into modern legal practice and the provision of 'justice' in contemporary society.

LO2.

Be familiar with the range of dispute resolution mechanisms available as alternatives to judicial proceedings, with particular emphasis on negotiation, mediation and arbitration, and the factors governing party choice of these processes.

LO3.

Demonstrate practical understanding of the steps involved in ADR processes, and have experienced the processes involved in legally assisted negotiation and mediation through practical exercises during class.

LO4.

Understand the place of ADR processes within court systems, and how they interact with judicial determination.

LO5.

Understand, appreciate, and be able to analyse critically legislative and other frameworks for ADR.

Assessment

Assessment summary

Category Assessment task Weight Due date
Essay/ Critique Research Essay
  • Online
40%

24/01/2025 2:00 pm

Examination Final Exam (Central)
  • In-person
60%

End of Semester Exam Period

1/02/2025 - 8/02/2025

Assessment details

Research Essay

  • Online
Mode
Written
Category
Essay/ Critique
Weight
40%
Due date

24/01/2025 2:00 pm

Learning outcomes
L01, L02, L04, L05

Task description

A choice of essay questions will be released to students on the first day of the course. Students are required to select one essay question from a choice of four.

Length of paper: 1,800 words.


• Papers are not to exceed the word limit. Words in excess of the limit will not be marked.

• The world limit includes headings.

• The word limit excludes footnotes. However footnotes should be used for citation purposes only. Any substantive text that appears in a footnote will not be read and will not contribute to your mark.

• The paper must be submitted in conformity with the style and referencing in the Law School Citation Guide - AGLC 4.

 

You must clearly state your word count (excluding footnotes) on your Assignment Cover Sheet. You should include a bibliography at the end of your essay.


This assessment task is to be completed in-person. The use of Artificial Intelligence (AI) tools will not be permitted. Any attempted use of AI may constitute student misconduct under the Student Code of Conduct.

Submission guidelines

Assignments must be submitted electronically via the submission link on the course Blackboard site.

Deferral or extension

You may be able to apply for an extension.

The maximum extension allowed is 7 days. Extensions are given in multiples of 24 hours.

Extension to Assessment Due Date

An extension for an assessment item due within the teaching period in which the course is offered will generally be limited to one week in the first instance. In exceptional circumstances, approved extensions may be granted for more than one week but will not exceed four weeks in total. Where a student is incapacitated for a period exceeding four weeks of the teaching period, they should be advised to apply for removal of course.

A student may apply for an extension to assessment due date if they are unable to meet an assessment deadline due to extenuating circumstances. Please refer to the Applying for an extension page on my.UQ for further details on acceptable reasons for an extension and for instructions on how to apply. Additional information on extensions can be found within the Assessment Procedure.

Spoken or written notification of difficulties with assessment deadlines to a course coordinator or the School does not constitute an authorised extension.

Applications to be submitted before the due date: Applications for extension (whether they be medical or exceptional circumstances) shall be made by the due date and time for the assessment. Requests for extensions received after the assessment item submission due date and time, must include evidence of the reason for the late request, and will require the decision maker listed in the Student Grievance Resolution Procedure to accept the request for consideration.

Late submission

A penalty of 10% of the maximum possible mark will be deducted per 24 hours from time submission is due for up to 7 days. After 7 days, you will receive a mark of 0.

Penalties for Late Submission

The following penalties apply to late submission of an assessment item, assuming that an extension has not been approved, and that late submission is academically possible (e.g., it does not delay feedback to a cohort, or interfere with course delivery).

First 7 periods of 24 hours (or part thereof) - 10% per 24 hours of the maximum possible mark for the assessment item. For example, a report worth a maximum of 40 marks, submitted 28 hours late will attract a penalty of 8 marks, calculated as 2 periods of 24 hours x 10% x 40 marks.

More than 7 periods of 24 hours - 100%.

Final Exam (Central)

  • In-person
Mode
Written
Category
Examination
Weight
60%
Due date

End of Semester Exam Period

1/02/2025 - 8/02/2025

Learning outcomes
L01, L02, L03, L04

Task description

The Final examination will assess the entire course.

The exam will be closed book and will consist of multiple choice and short essay questions.


This assessment task is to be completed in-person. The use of Artificial Intelligence (AI) tools will not be permitted. Any attempted use of AI may constitute student misconduct under the Student Code of Conduct.

Exam details

Planning time 10 minutes
Duration 120 minutes
Calculator options

No calculators permitted

Open/closed book Closed Book examination - no written materials permitted
Exam platform Paper based
Invigilation

Invigilated in person

Submission guidelines

Deferral or extension

You may be able to defer this exam.

Course grading

Full criteria for each grade is available in the Assessment Procedure.

Grade Cut off Percent Description
1 (Low Fail) 0 - 19

Absence of evidence of achievement of course learning outcomes.

2 (Fail) 20 - 47

Minimal evidence of achievement of course learning outcomes.

3 (Marginal Fail) 48 - 49

Demonstrated evidence of developing achievement of course learning outcomes

4 (Pass) 50 - 64

Demonstrated evidence of functional achievement of course learning outcomes.

5 (Credit) 65 - 74

Demonstrated evidence of proficient achievement of course learning outcomes.

6 (Distinction) 75 - 84

Demonstrated evidence of advanced achievement of course learning outcomes.

7 (High Distinction) 85 - 100

Demonstrated evidence of exceptional achievement of course learning outcomes.

Supplementary assessment

Supplementary assessment is available for this course.

Learning resources

You'll need the following resources to successfully complete the course. We've indicated below if you need a personal copy of the reading materials or your own item.

Library resources

Find the required and recommended resources for this course on the UQ Library website.

Learning activities

The learning activities for this course are outlined below. Learn more about the learning outcomes that apply to this course.

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Learning period Activity type Topic
Week 1

(06 Jan - 12 Jan)

Seminar

Seminars

Seminar Topics are:

  • ADR overview – alternative to what?
  • Dispute resolution in a litigation framework
  • Jurisprudential theories of dispute resolution – therapeutic jurisprudence
  • Traditional dispute resolution practices
  • Overview of Dispute Resolutions processes – mediation, arbitration, conciliation, negotiation
  • Dispute Resolution – differing jurisdictions, differing practices – commercial, family relations (family law/wills & estates), international, employment, sport, franchising, construction
  • Restorative Justice concepts
  • Conciliation/Settlement Conferences
  • Arbitration
  • Mediation
  • Court annexed dispute resolution
  • MDRAS standards and expectations
  • Ethics in Dispute Resolution
  • Lawyers as problem solvers

Learning outcomes: L01, L02, L03, L04, L05

Policies and procedures

University policies and procedures apply to all aspects of student life. As a UQ student, you must comply with University-wide and program-specific requirements, including the:

Learn more about UQ policies on my.UQ and the Policy and Procedure Library.

School guidelines

Your school has additional guidelines you'll need to follow for this course: