Units

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Sample subject outline - 6 Week Teaching Period - 5 2012

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

Rationale

In Australian family law, litigation is an option of last resort and parties are required to attempt resolution of their disputes before filing applications in courts, unless their case falls within the exceptions, such as where there are issues of family violence or urgency. In parenting disputes there are now compulsory pre-filing dispute resolution requirements.

It is essential that professionals working in family law have a knowledge and understanding of the family dispute resolution system. Future family dispute resolution practitioners (FDRPs) require a knowledge and understanding of the family dispute resolution (FDR) process, communication skills and an understanding of how to effectively facilitate family dispute resolution (FDR). They also need to understand the legislative obligations of FDRPs.

This unit can either be completed as part of your postgraduate study with the QUT Law Faculty, as a visiting student or as a short course. Successful completion of the unit or short course will partially satisfy the necessary requirements to become an accredited FDRP with the Commonwealth Attorney-General's Department and will partially satisfy the necessary requirements to be a nationally accredited mediator with the Australian Mediation Association.

This unit or short course includes completion of content partially equivalent to the following modules from the Vocational Graduate Diploma of Family Dispute Resolution (CHC80207):

1. CHCFAM505A - Operate in a family law environment
2. CHCDISP801A - Facilitate dispute resolution in the family law context
3. CHCDISP802A - Implement family dispute resolution strategies
4. CHCDISP803A - Facilitate family dispute resolution in an impartial manner and adhere to ethical standards
5.CHCD1SP804B Create an environment that supports the safety of vulnerable parties in dispute resolution
6.CHCVFV8111B Respond to domestic and family violence in family law work

To complete the academic requirements for accreditation as a FDRP and for national accreditation with the Australian Mediation Association, students will then need to complete a further masters unit run by the QUT Law School (also to be offered as a short course), Family Dispute Resolution Practitioner Skills.

The final requirement to become an accredited FDRP of 10 hours of supervised practise is not provided by QUT and must be completed independently by each participant. See also the personal requirements for accreditation, such as the requirements for good character, eligibility to work with children and criminal history at http://www.ag.gov.au/www/agd/agd.nsf/Page/Families_FamilyRelationshipServicesOverviewofPrograms_ResearchandEvaluation_ForPotentialFamilyDisputeResolutionPractitioners

After completion of both LWN204 Family Dispute Resolution and LWN206 Family Dispute Resolution Practitioner Skills you will also have completed the training and eduation requirements set out in section 5 of the Australian National Mediator Standards, Approval Standards (November 2008) to be eligible to apply for national accreditation with the Australian Mediation Association (see http://www.ama.asn.au/)

However, to gain national accreditation with the AMA, you will need to satisfy further requirements, such, providing evidence of your insurance or indemnity status (set out in section 3, Approval Standards ). Your application for accreditation will be your responsibility.

Aims

The aim of this unit is to provide you with a knowledge and understanding of the Australian family dispute resolution system and with the knowledge and skills to facilitate family dispute resolution (FDR) processes.

Objectives

At the completion of this unit you should be able to:
1. Identify and explain key aspects of the family law and family law dispute resolution system, including the spectrum of family dispute resolution and the legislative framework;
2. Explain the family dispute resolution (FDR) process, including a range of processes and models;
3. Identify and describe the legislative obligations of FDRPs, including the obligations to conduct intake and screening;
4. Apply selected aspects of child development and family violence theory in the context of FDR;
5. Communicate effectively, both orally and in writing, using plain English in real world FDR contexts;
6. Apply your knowledge and understanding of family dispute resolution, child development and family violence theory to create an environment that supports vulnerable parties;
7. Critically analyse aspects of the family law dispute resolution system, including the role of FDRPs.

Content

The content of this unit includes:
1. An overview of the Australian family law and family dispute resolution system;
2. An overview of the spectrum of family dispute resolution (FDR) processes, including different models of FDR, and different forums such as private and community processes;
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3. The legislative obligations of FDRPs;
4. The intake and screening process, including screening for violence;
5. Knowledge of some key aspects of child development and family violence theory and issues surrounding vulnerable parties in dispute resolution;
6.. A critical analysis of the family dispute resolution system, including the role of FDRPs;
7. Selected communications skills required to effectively facilitate FDR;
8. Practise in the facilitation of a family dispute by the use of experiential learning in the form of a role-play.

Approaches to Teaching and Learning

This unit caters for internal students only. To engage students in learning it utilises a workbook and interactive class discussion. This unit utilises blended learning. Some modules may be provided online and some in-person.

Online modules may be provided by way of podcasts and interactive quizzes to enable you to engage with some topics prior to attending the block. .

In-person classes will be taught in block format over 4 days. You will develop family dispute resolution facilitation skills by the use of experiential learning in the form of a role-play. You will be required to listen to any prelimninary podcasts and to complete all preliminary readings and activities prior to your attendance.

Assessment

The assessment in this unit will relate to your knowledge and understanding of the family law system, family dispute resolution, child development and domestic violence theory and your ability to apply your knowledge to real world scenarios.You will be provided with formative feedback by contributing to class discussions and receiving feedback on your contributions from the lecturer. You can also engage in individual consultations with the lecturer, either in person, by telephone or email. You will receive constructive feedback by an accredited coach, both orally and in writing, on your performance as a FDRP when facilitating FDR in a role-play scenario.

Assessment name: Discussion Forum
Description: You will be expected to attend 100% of all classes and be actively involved in class discussions, activities and role-plays. Your mark will take into account your level of preparation, the quality of your contributions to class discussions, your ability to listen to others and the quality of your involvement in activities and role-plays.
Relates to objectives: Relates to learning outcomes 1, 2 4, 8 and 9.
Weight: 20%
Internal or external: Internal
Group or individual: Individual
Due date: During Class

Assessment name: Case Studies
Description: You will submit short written answers to questions based on real world scenarios. The maximum word count will be 2000 words.
Relates to objectives: Relates to learning outcomes 1 -5.
Weight: 30%
Internal or external: Internal
Group or individual: Individual
Due date: 3 Wks after Classes

Assessment name: Take Home Exam
Description: The take-home exam assesses your knowledge and understanding of unit concepts and your ability to apply them to real world scenarios. It will be completed over one week. The maximum word count will be 3000 words.

Due Date: Released 6 weeks after block and due one week later
Relates to objectives: Relates to learning outcomes 1-9.
Weight: 50%
Internal or external: Internal
Group or individual: Individual
Due date: In Description

Academic Honesty

QUT is committed to maintaining high academic standards to protect the value of its qualifications. To assist you in assuring the academic integrity of your assessment you are encouraged to make use of the support materials and services available to help you consider and check your assessment items. Important information about the university's approach to academic integrity of assessment is on your unit Blackboard site.

A breach of academic integrity is regarded as Student Misconduct and can lead to the imposition of penalties.

Resource materials

Recommended Texts
A Harland et al, Family Law Principles, Lawbook Co., 2011.

Linda Fisher and Mieke Brandon, Mediating with Families, 3rd ed, Lawbook Co., 2012 (Forthcoming).

Reference Texts

Alexander, N and Howieson, J, Negotiation: Strategy, Style and Skills, LexisNexis Butterworths, 2010.

Boulle, L, Mediation: Principles, Process, Practice, 3rd ed, Lexis Nexis Butterworths, 2011.

Boulle, L, and Alexander, N, Mediation - Skills and Techniques, Lexis Nexis Butterworths, 2012.

Fehlberg, B and Behrens, J, Australian Family Law: The Contemporary Context, Oxford University Press, 2008.

Fehlberg, B and Behrens, J, Australian Family Law: The Contemporary Context Teaching Materials, Oxford University Press 2009.

Fisher, R and Ury, W with Patton, B(ed.), Getting to Yes: Negotiating Agreement without Giving In, Penguin Books, 201.

Livermore, M, Family Law Handbook, 2nd ed, Lawbook Co., 2010.

Mayer, B, The Dynamics of Conflict Resolution, Jossey-Bass, 2000.

Monahan, G and Young, L, Family Law in Australia, 7th edn, LexisNexis, Butterworths, 2009.

Parkinson, P, Australian Family Law in Context, 5th ed, Lawbook Co, Sydney, 2011(Forthcoming).

Spencer, D and Hardy, S, Dispute Resolution in Australia: Cases, Commentary and Materials, 2nd ed, Lawbook Co., 2009.

Tillett, G and French, B, Resolving Conflict, 4th ed, Oxford University Press, 2010.

Key Legislation
Family Law Act 1975 (Cth)
Family Law Regulations 1984 (Cth)
Family Law Rules 2004 (Cth)
Family Law (Family Dispute Resolution Practitioners) Regulations 2008 (Cth)

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: 21-May-2012