Units

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Sample subject outline - Semester 1 2012

Note: Subject outlines often change before the semester begins. Below is a sample outline.

Rationale

Dispute resolution processes such as mediation and conciliation are now used in many areas of contemporary Australian society to resolve both legal and non-legal disputes. These processes are used both within the court system and outside it in legal, government, banking, workplace, community, complaints management, health and educational settings. In recent years we have witnessed an increased use by judicial officers of less adversarial approaches to justice within the court system with the aim of providing a more beneficial and effective outcome for clients. It is important that you as a future lawyer or legal professional have a knowledge and understanding of these processes, along with a critical perspective of the adversarial system. This will enable you to give advice to clients about the appropriate way to resolve their legal disputes. It is also crucial that you have the knowledge and necessary skills to play an effective non-adversarial role on behalf of your clients in dispute resolution processes such as negotiations and mediations.

Aims

The aim of this unit is for you to gain an introduction to the knowledge and skills to become an effective dispute resolution advocate for your clients.

Objectives

At the completion of this unit you should be able to:
1. Identify and describe a range of dispute resolution processes used in Australian legal disputes, including negotiation, mediation, conciliation and arbitration;
2. Identify and describe a range of less-adversarial justice processes used within courts including Drug Courts and the less adversarial trial process used in the Family Court of Australia;
3. Critically analyse and evaluate the advantages and disadvantages of these processes in comparison to the traditional adversarial court system, particularly in relation to vulnerable participants such as victims of violence and young people;
4. Appreciate the dispute resolution advocacy role that legal professionals can play within these processes;
5. Use a range of communication skills and conflict resolution strategies when acting for clients in legal disputes;
6. Further develop your skills in critical thinking, legal analysis and written communication in relation to dispute resolution and non-adversarial processes.

Content

The material covered in this unit includes:
1. The concept of non-adversarial practice;
2. Critical examination of the adversarial system and the emerging importance of non-adversarial justice;
3. Understanding disputes;
4. The spectrum of dispute resolution processes including negotiation, mediation, conciliation and arbitration;
5. Dispute resolution and non-adversarial justice in a range of contexts;
6. Diagnosing disputes: ascertaining for your client the most appropriate dispute resolution process for his or her dispute,
7. Issues for vulnerable participants, for example, victims of violence and young offenders;
8. Therapeutic jurisprudence;
9. Emerging non-adversarial lawyering practices such as collaborative and preventative law, and restorative justice;
10. How to engage in dispute resolution practice and effectively represent your client in these processes, including the effective use of communication and appropriate conflict resolution skills;
11. Obligations of the dispute resolution advocate, including legal and ethical obligations.

Skills
In this unit you will further develop the following skills (explicitly and implicitly):
1. Critical thinking and legal analysis;
2. Problem solving;
3. Oral and written communication;
4. Negotiation;
5. Time management;
6. The ability to learn independently;
7. Reflective practice;
8. Inclusive perspective and social justice orientation; and
9. Ethical orientation.

Graduate Capabilities
Your understanding of the unit content and the further development of these skills will assist you to acquire the following law graduate capabilities:
1. Discipline Knowledge;
2. Problem Solving, Reasoning and Research;
3. Effective Communication;
4. Life Long Learning;
5. Work Independently and Collaboratively;
6. Professional, Social and Ethical Responsibility; and
7. Characteristics of Self-Reliance and Leadership.

Approaches to Teaching and Learning

The teaching and learning strategy used in this unit involves an integrated program of an interactive workbook, lectorials and audio materials (either via podcasts or audio materials) and an optional 5 hour mediation skills workshop. There will be 12 lectorials held during the course of the semester, 5 will be delivered both in-person and by podcasting and the remainder by podcasting only.

Interactive workbook
The workbook is central to your learning in the unit, and provides the unit content. The workbook also guides you through the readings each week and provides you with interactive activities to assist with your understanding of the key concepts of the unit. These readings and activities should be completed prior to engaging with the lectorials and audio materials as they will then form the basis of interactive discussion.

The unit embraces flexible delivery and both internal and external students have the choice of attending the 5 in-person lectorials or by listening to them via podcasting on the blackboard site. Internal students are encouraged to attend the in-person lectorials as they are an opportunity to learn and practise the relevant communication and dispute resolution skills being taught in this unit.

One 5 hour optional group workshop: Dispute Resolution practice
Both internal and external students have the option of completing a one day, 5 hour, skills workshop to be offered on one day of the external school. The workshop will build upon and further develop your skills to effectively represent, support and 'coach' your clients in a range of dispute resolution settings. The workshop will involve your participation in role play scenarios.

Attendance at the workshop is optional. If you wish to attend you must enrolby the conclusion of week 1 of semester. If you do not wish to attend the workshop you will be required to complete a written assignment, described as 'assignment 1' in the assessment schedule in this unit outline, instead of attending the skills workshop.

Assessment

In this unit there is both formative assessment (to receive feedback on your learning) and summative assessment (to receive feedback and a mark).
PLEASE NOTE IN RELATION TO ASSESSMENT ITEMS 1 AND 2: All students choose to complete either Assessment item 1. Completion of Skills Workshop OR Assessment item 2, Critique of Dispute Resolution Process. Formative feedback is designed to provide you with feedback on your understanding of unit concepts and on your ability to demonstrate the graduate capabilities and skills being taught in this unit. In this unit you will receive formative feedback in the following ways:
Skills workshop
Prior to the workshop you will undertake reflective exercises in your workbook and exercises during lectorials which commence to develop your dispute resolution advocacy skills.

Completion of workbook readings and activities
You will receive formative assessment on your understanding of unit concepts through completing the workbook and then participating in or listening to the lectorials.

Both internal and external students can also obtain formative by contacting the lecturers during their staff consultation times to clarify your understanding of unit concepts.

Assessment name: Skills Workshop
Description: Completion of skills workshop: You will be assessed on your participation and performance in the one day 5-hour skills workshop which focuses on the further development of your dispute resolution advocacy skills. Participation for the entire 5-hour period of the workshop is compulsory to obtain a mark for the workshop. If you choose to attend the skills workshop you must be awarded a mark for completion of the workshop, you cannot elect to complete assignment 1.

Due date: The skills workshop for internal and external students is held during the period of the external attendance school.
Relates to objectives: 1, 3, 4 and 5
Weight: 40%
Internal or external: Both
Group or individual: Individual
Due date: See Description

Assessment name: Critique of Dispute Resolution
Description: Critique of Dispute Resolution: If you have elected not to enrol in and attend the skills workshop you will complete a critique(2000 words) of a dispute resolution process.
Relates to objectives: 1, 3, 4 and 5.
Weight: 40%
Internal or external: Both
Group or individual: Individual
Due date: Week 7

Assessment name: Exam
Description: The examination is designed to assess your understanding of and ability to apply unit concepts.
Relates to objectives: 1-6
Weight: 60%
Internal or external: Both
Group or individual: Individual
Due date: Central Exam Period

Academic Honesty

Academic honesty means that you are expected to exhibit honesty and act responsibly when undertaking assessment. Any action or practice on your part which would defeat the purposes of assessment is regarded as academic dishonesty. The penalties for academic dishonesty are provided in the Student Rules. For more information you should consult the QUT Library resources for avoiding plagiarism.

Resource materials

Prescribed Materials:
Spencer, David and Hardy, Samanatha, Dispute Resolution in Australia: Cases, Commentary and Materials, 2nd ed, Thomson Reuters, Sydney, 2009.

The Workbook will be used in lectorials and workshops as a focus for unit content and learning activities. Students will also be expected to complete the readings and activities set out in the Workbook. There is a blackboard site for this unit, and as many readings as possible will be provided on the Course Materials Database (CMD), subject to the limitations of copyright laws.

Recommended Reference Materials:
Boulle, Laurence, Mediation: Principles, Process, Practice, Butterworths, Sydney, 2005.
Boulle, Laurence Mediation - Skills and Techniques, Butterworths, Sydney, 2001.
Fisher, Roger and Ury, William, Getting to Yes, 2nd rev ed, Random House, London, 1991.
King , Michael et al, Non-Adversarial Justice, The Federation Press, Sydney, 2009
MacFarlane, Julie, The New Lawyer: How Settlement is Transforming the Practice of Law, UBC Press, Vancouver, 2008,
Moore, Christopher W, The Mediation Process: Practical Strategies for Resolving Conflict, Jossey-Bass, San Francisco, 1996. Edition currently being revised. If later edition available you will be advised.
Sourdin, Tania, Alternative Dispute Resolution, 2nd ed, Lawbook, Sydney, 2008.
Spegel N, Rogers B and Buckley R, Negotiation: Theory and Techniques, Butterworths, Sydney,1998.

Blackboard Site
Online resources for this unit are available on the unit blackboard site.

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Risk assessment statement

There are no out of the ordinary risks associated with this unit.

Disclaimer - Offer of some units is subject to viability, and information in these Unit Outlines is subject to change prior to commencement of semester.

Last modified: 16-Dec-2011