This course will critically discuss and analyse the nature and causes of conflict and various theories of dispute resolution to better equip legal practitioners and stakeholders in their roles as dispute resolvers and advisers. The course will examine dispute resolution processes used in civil, criminal and international contexts.
This course provides an overview of dispute resolution processes (with a focus on non-litigation dispute resolution processes), including negotiation, facilitation, mediation, conciliation, case appraisal, expert determination and arbitration. These processes will be discussed and comparedﾠwith respect to their purpose and justifications as part of the Australian justice system.ﾠMore generally, the course will also examine emerging and significant theories underlying dispute resolution practice and conflict analysis and will provide a critical response to traditional Western liberal ideas such as the rule of law and adversarial justice. While the course is interactive and features a variety of learning activities including discussion and class dialogue, role play simulations and pre-recordedﾠlectures, it is not a skills course and does not teach particular models or processes in detail. The course is useful for anyone working with people in conflict, for example for legal practitioners, HR managers, business consultants, social workers and government officers.
No background in dispute resolution is assumed.
LLM(16), LLM(24), MICLaw(16), MICLaw/MCom, MIL and MIR/MIL.
Quota: Minimum of 12 enrolments
Please note that I do not have an office on campus or regular consultation hours. If you would like to make an appointment to discuss course assessment or ask questions regarding the course content, please email me so that we can set up an appointment via Zoom.
The timetable for this course is available on the UQ Public Timetable.
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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 aims to:ﾠ
After successfully completing this course you should be able to:
LO1.
demonstrate knowledge of dispute resolution theory from different disciplinary and cultural perspectives;
LO2.
explain the nature, advantages and disadvantages of various dispute resolution processes, from both a theoretical and a practical perspective;
LO3.
select an appropriate type of process according to the circumstances of a particular case;
LO4.
demonstrate an understanding of practical, legal and ethical issues in dispute resolution; and
LO5.
develop a theoretical foundation for skills training in negotiation, mediation and arbitration (and other forms of alternative dispute resolution).
| Category | Assessment task | Weight | Due date |
|---|---|---|---|
| Paper/ Report/ Annotation |
Dispute Resolution Proposal
|
40% |
9/09/2024 2:00 pm |
| Essay/ Critique |
Research Essay
|
60% |
4/11/2024 2:00 pm |
9/09/2024 2:00 pm
Your task is to develop a proposal for a dispute resolution process to facilitate resolution of a conflict scenario. Three different conflict scenarios will be posted on Learn.UQ (Blackboard) at the start of the semester. You have to choose one of the three scenarios and develop a proposal for how to facilitate dispute resolution. Please note that not all possible DR processes that you may choose will have been discussed when this assignment is due. This means that you have to engage in independent reading and you may need to watch some of the lecture videos for subsequent modules to be able to choose the appropriate DR process. You are welcome to contact the lecturer with any questions you have and to discuss your approach.
On the basis of relevant scholarly and practitioner literature develop a 2000 word dispute resolution proposal. Imagine that you are a dispute resolution consultant. A client has come to you with the conflict scenario that you have chosen. Develop a 2000 word case assessment for the client which recommends a particular dispute resolution process (for example integrative negotiation, facilitative mediation, conflict coaching, communication skills training, conciliation, arbitration or restorative conferencing) or a combination of processes.
Explain why the suggested process is suitable for the particular conflict, what its advantages and disadvantages are and how you are going to deal with potential challenges and impasses. Base your recommendation on relevant scholarly and practitioner literature and reference this literature throughout the proposal. Ensure that you present a balanced proposal which acknowledges weaknesses and challenges but also makes a persuasive argument based on the merits of the process chosen and its underlying theories.
If you recommend a third party process then explain how the third party will be selected and address issues such as neutrality or power imbalances.
For further information on writing research essays and referencing please refer to A Guide to Citation of Sources in Assignments available from the TC Beirne School of Law website under 'Student Support' in 'Student Resources'. Please copy and paste the marking criteria sheet on the last page of your assignment.
Criteria for acceptance and marking:
Information on plagiarism detection system: Once you have submitted your assignment via Learn.UQ (Blackboard) the Turnitin anti-plagiarism system will check your assignment. Please review the plagiarism procedures of the University and the TC Beirne School of Law before you submit your first assignment and ensure that you comply with the policies. Turnitin will give you a percentage score for similarities to other documents. Sometimes the system identifies direct citations in quotation marks, parts of the reference list or the criteria sheet as similar documents. This is not considered plagiarism. The course co-ordinator will check every document with the Turnitin system. Please contact him if you have any concerns.
This assessment task evaluates student’s abilities, skills and knowledge without the aid of Artificial Intelligence (AI). Students are advised that the use of AI technologies to develop responses is strictly prohibited and may constitute student misconduct under the Student Code of Conduct.
The assignment must be submitted electronically via the assessment submission link on the course Learn.UQ (Blackboard) site.
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.
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%.
4/11/2024 2:00 pm
Your task is to write a 4,000 word academic research essay on a current issue in dispute resolution. You may choose one of the four topics suggested below or you can choose your own topic. If you choose your own topic, you have to send a 200 word essay plan to the course co-ordinator and get approval before you can start on your topic.
The paper must be based on current and relevant scholarly (and practitioner if appropriate) literature, include a clear hypothesis or research problem and present a balanced argument. This means that you are required to read and reference literature which supports and literature which criticises your hypothesis. You are also required to reference any thought which is not your own or is considered general knowledge. Research essays should be structured with an introduction, body and conclusion.
Research essay topics:
For further information on writing research essays and referencing please refer to "A Guide to Citation of Sources" available from the TC Beirne School of Law website under 'Student Support" in "Student Resources". Please copy and paste the marking criteria on the last page of your assignment.
Criteria for acceptance and marking:
This assessment task evaluates student’s abilities, skills and knowledge without the aid of Artificial Intelligence (AI). Students are advised that the use of AI technologies to develop responses is strictly prohibited and may constitute student misconduct under the Student Code of Conduct.
The assignment must be submitted electronically via the assessment submission link on the course Learn.UQ (Blackboard) site.
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.
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%.
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 is available for this course.
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.
Find the required and recommended resources for this course on the UQ Library website.
The learning activities for this course are outlined below. Learn more about the learning outcomes that apply to this course.
Filter activity type by
| Learning period | Activity type | Topic |
|---|---|---|
Multiple weeks From Week 6 To Week 9 |
Seminar |
Seminars The programme of seminars for the course is set out in the course learning guide. This is available from the course Blackboard site. Seminar topics are:
Learning outcomes: L01, L02, L03, L04, L05 |
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.
Your school has additional guidelines you'll need to follow for this course: