Course coordinator
Ms Anne-Marie Rice
Course overview
- Study period
- Semester 2, 2024 (22/07/2024 - 18/11/2024)
- Study level
- Postgraduate Coursework
- Location
- St Lucia
- Attendance mode
- In Person
- Units
- 2
- Administrative campus
- St Lucia
- Coordinating unit
- Law School
The course will seek to develop practical mediation, dispute resolution and conflict management skills. It will provide an analysis of the framework, principles and values of mediation and other associated methods of dispute resolution.
LAWS7851 involves the study of the dynamics of conflict and mediation theory and practice. By the end of the course, students should understand the role of mediation as a dispute management process and the processes by which conflict in professional contexts can be managed. They should also possess the basic skills necessary to effectively conduct and/or meaningfully participate in mediation in a quasi-legal context.
This course will focus particularly on mediation theoryﾠand practice. It will cover the requisite content for mediation accreditationﾠand offer practical experiences but does not involve any assessment sufficient to meet the National Mediation Accreditation Standards.
The content and practical components will provideﾠskills for mediators, managers, employers, human resources professionals and educators as well as users of mediation services, advocates and supporters in mediation, lawyers, and academics.
ﾠ
Accreditation
Students seeking National Mediation Accreditation and/or Family Dispute Resolution Practitioner (FDRP) status should note that additional qualifications are necessary for this specialist area. A list of assessment providers is available from the Queensland Law Society
Course requirements
Restrictions
LLM(16), LLM(24), MICLaw, MBus, MCom, MEdSt, MIL, MIR/MIL, MCyberSec and GCInsurLaw
Quota: Minimum of 12 enrolments
Course contact
Course staff
Lecturer
Ms Anne-Marie Rice
Timetable
The timetable for this course is available on the UQ Public Timetable.
Additional timetable information
LAWS7851 is taught intensively for four days from 9am to 5pm each day. There is a significant practical component to the course soﾠattendance on all 4 days of thisﾠcourse is compulsory. Attendance is essential for the successful completion of the first piece of assessment.
Aims and outcomes
Teaching Mission Statement
The mission of the 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 associated topics to equip you with the necessary skills that will enable you to continue that journey long after you have left the School.
Course Aims
The broad aims of the course are:- To assist students to understand the dynamics of conflict and the opportunities for dispute resolution in various contexts.
- To assist students to understand the role of mediation as a dispute management process.
- To enable students to acquire the basic skills necessary to conduct and/or participate inﾠan effective mediation in a legal, quasi legal and professional context.
Learning outcomes
After successfully completing this course you should be able to:
LO1.
Discuss a number of analytical models of conflict management and dispute resolution and in particular mediation.
LO2.
Understand the dynamics of conflict and the importance of and opportunities for conflict management and dispute resolution.
LO3.
Understand the fundamental characteristics of mediation and distinguish it from other dispute resolution processes.
LO4.
Outline some of the potential advantages and disadvantages of mediation from a variety of perspectives.
LO5.
Describe some of the objectives sought to be achieved through the use of mediation and some of the claims made by its proponents.
LO6.
Describe the relevance of negotiation and negotiation techniques in mediation.
LO7.
Describe the stages involved in the mediation process and the objectives sought to be achieved at each stage.
LO8.
Describe the role and functions of mediators.
LO9.
Identify and use a range of skills used by mediators and explain the objectives sought to be achieved by use of those skills.
LO10.
Identify some of the ethical challenges faced by mediators.
LO11.
Describe the role and functions of legal representatives and of the parties in mediation.
LO12.
Discuss the ethical and professional responsibilities of lawyers who represent parties in mediation.
LO13.
Develop some criteria for assessing the likely appropriateness and effectiveness of mediation for resolution of particular disputes.
LO14.
Outline some of the current schemes and trends in Australia relating to mediation.
Assessment
Assessment summary
| Category | Assessment task | Weight | Due date |
|---|---|---|---|
| Notebook/ Logbook |
Learning Journal
|
40% |
26/08/2024 2:00 pm |
| Paper/ Report/ Annotation |
Research Paper
|
60% |
6/11/2024 2:00 pm |
Assessment details
Learning Journal
- Online
- Mode
- Written
- Category
- Notebook/ Logbook
- Weight
- 40%
- Due date
26/08/2024 2:00 pm
- Learning outcomes
- L01, L02, L03, L04, L05, L06, L07, L08, L09, L10, L11, L14
Task description
The learning journal is a reflection by each student of their understanding and personal viewpoint in regards to the content of the course, including the various practical exercises covered over the 4 days. Students who do not attend the seminars will not be in a position to complete the journal to a pass standard or higher.
The Journal is not a piece of academic research and does not need to – although it may – contain citations or references. Structure, form and style are flexible but headings are desirable. Word limit should be no more than 2,000 words.
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.
Submission guidelines
The assignment must be submitted electronically via the assessment submission link on the course Learn.UQ (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%.
Research Paper
- Online
- Mode
- Written
- Category
- Paper/ Report/ Annotation
- Weight
- 60%
- Due date
6/11/2024 2:00 pm
- Learning outcomes
- L01, L02, L03, L04, L05, L08, L09, L10, L11, L12, L13, L14
Task description
The research paper should be 3,500 words in length (excluding footnotes, citations and bibliography etc) and must conform to the Law School Citation Style (refer to s3.4 of this profile for more information).
As a postgraduate student you can choose your own topic for the essay. It must be related to mediation and/or conflict resolution in a material way. You must email your proposed research topic and a brief outline of your paper to Ms Anne-Marie Rice (anne-marie@annemarierice.com.au) By no later than 5:00pm on 18 August 2024. Please note that you MUST get approval for your topic before you can start writing. Please speak with Anne-Marie Rice if you require assistance in formulating a topic.
This is a post-graduate academic paper and it is expected that you will conform to the requirements of academic rigour in developing a hypothesis, basing your arguments on relevant literature and providing a cogent summary and conclusion. You must provide a bibliography to demonstrate the depth of your research. Please see also the Assignment Writing Guidelines in the Learning Guide.
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.
Submission guidelines
The assignment must be submitted electronically via the assessment submission link on the course Learn.UQ (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%.
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.
Filter activity type by
Please select
| Learning period | Activity type | Topic |
|---|---|---|
Multiple weeks From Week 1 To Week 3 |
Not Timetabled |
Pre-Course Readings Students will be required to read through materials provided on Blackboard before the commencement of day 1. |
Week 4 (12 Aug - 18 Aug) |
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, L06, L07, L08, L09, L10, L11, L12, L13, L14 |
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:
- Student Code of Conduct Policy
- Student Integrity and Misconduct Policy and Procedure
- Assessment Procedure
- Examinations Procedure
- Reasonable Adjustments - Students Policy and Procedure
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: