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Unit of study_

LAWS6130: Dispute Resolution in Australia

Intensive June, 2022 [Block mode] - Camperdown/Darlington, Sydney

The unit is designed to give students a broad understanding of the theory, policy and practice of ADR. It will enable students to understand various alternative dispute resolution processes, their advantages and limitations; understand the application of ADR in particular areas of practice: understand key theoretical debates about mediation; be able to advise others about ADR processes; be better participants in ADR processes; be better able to evaluate the possible applications of various dispute resolution methods. The use of ADR in employment and health care disputes will be considered.

Unit details and rules

Unit code LAWS6130
Academic unit Law
Credit points 6
Prohibitions
? 
None
Prerequisites
? 
None
Corequisites
? 
None
Assumed knowledge
? 

None

Available to study abroad and exchange students

No

Teaching staff

Coordinator Tania Sourdin, tania.sourdin@sydney.edu.au
Type Description Weight Due Length
Assignment Problem Question
A letter of advice to client based on role play used in class
50% -
Due date: 04 Jun 2022 at 12:00

Closing date: 09 Jun 2022
3000 word letter of advice to client
Outcomes assessed: LO1 LO2 LO3 LO5 LO6 LO7
Assignment Essay Question
Research Essay
50% Formal exam period
Due date: 17 Jun 2022 at 12:00

Closing date: 23 Jun 2022
4000 words
Outcomes assessed: LO1 LO2 LO4 LO7
Participation group assignment Class participation/presentation
Group skills exercises and class presentation. Assessed on Pass/Fail basis.
0% Ongoing Ongoing
Outcomes assessed: LO1 LO7 LO6 LO5 LO3 LO2
group assignment = group assignment ?

Assessment summary

Class participation (Pass/Fail): The problem question will be worked through in class (with group skills exercises) and a group exercise where students work on a dispute system and then present it to the class. These in-class exercises will be assessed on a pass/fail basis.

Problem question (50%): This problem question will ask you to apply what you have learned in the first part of the unit about different methods of dispute resolution to a set of facts. You will be asked to advise a client about methods of dispute resolution suitable for their dispute, and to explain your reasons for discussing the methods you have chosen. 

The problem question will be released in class on 18 May, 12 noon and the deadline for submission is noon 4 June. The outcome of a successful Special Consideration application prior to the closing date is an extension. Special consideration after that date may lead to an alternative assessment task which is at the discretion of the coordinator.

Research essay (50%): Essay topics will be distributed at noon on 18 May 2022, or students may choose their own essay topic and the topic must be submitted for approval no later than 20 May 2022. Students are expected to read beyond the textbook and course materials to demonstrate an appropriate knowledge of the literature in the field.

The deadline for submission is noon 17 June. The outcome of a successful Special Consideration application prior to the closing date is an extension. Special consideration after that date may lead to an alternative assessment task which is at the discretion of the coordinator.

Note:  Students must retain pre-submitted drafts of their assessments on file.

A student must make a genuine attempt at all assessment tasks set out in this Unit of Study in order to obtain a Pass mark and grade (or above); otherwise an Absent Fail grade will be recorded as the student’s result for this Unit of Study.

Assessment criteria

The University awards common result grades, set out in the Coursework Policy 2014 (Schedule 1).

As a general guide, a high distinction indicates work of an exceptional standard, a distinction a very high standard, a credit a good standard, and a pass an acceptable standard.

Result name

Mark range

Description

High distinction

85 - 100

• Completely answers the question.
• Contains striking originality of approach or analysis.
• Demonstrates exhaustive or innovative research (where independent research
required).
• Exceptionally well written, structured and expressed.
• Is otherwise exceptional in some way.

Distinction

75 - 84

• Completely answers the question.
• Achieves a critical and evaluative approach to the issues.
• Content and structure is well organised in support of the argument.
• Demonstrates extensive research and analysis to support a well-documented
argument.
• Generally well expressed and free from errors.
• Has a clear structure and is well articulated.

Credit

65 - 74

• Covers main issues fairly well in answering the question.
• Contains no significant errors
• Demonstrates an attempted critical approach to the issues.
• Demonstrates reasonably sound research and analysis in addressing the key issues.
• Has a clear structure and reasonably clear expression.

Pass

50 - 64

• Identifies the key issues, but does not follow through with a reasoned argument.
• Contains some significant errors.
• Displays satisfactory engagement with the key issues.
• Offers descriptive summary of material relevant to the question.
• Superficial use of material, and may display a tendency to paraphrase.
• Demonstrates little evidence of in-depth research or analysis.
• Adequate expression.
• Overall, demonstrates the minimum level of competence in the assessment and
satisfies the requirements to proceed to higher-level studies in the degree or subject
area.

Fail

0 - 49

• Does not answer the question.
• Contains significant or numerous errors.
• Few or no identifiable arguments.
• Content that is inappropriate or irrelevant.
• Lack of research or analysis.
• Difficult or impossible to understand through poor grammar, expression or
structure.
• Overall, does not demonstrate the minimum level of competence in the
assessment.

For more information see sydney.edu.au/students/guide-to-grades

For more information see guide to grades.

Late submission

In accordance with University policy, these penalties apply when written work is submitted after 11:59pm on the due date:

  • Deduction of 5% of the maximum mark for each calendar day after the due date.
  • After ten calendar days late, a mark of zero will be awarded.

This unit has an exception to the standard University policy or supplementary information has been provided by the unit coordinator. This information is displayed below:

The late submission of a piece of assessment, which has not been granted an extension, will attract a penalty of 10% of the total marks available for the piece of assessment per calendar day or part thereof.

Academic integrity

The Current Student website  provides information on academic integrity and the resources available to all students. The University expects students and staff to act ethically and honestly and will treat all allegations of academic integrity breaches seriously.  

We use similarity detection software to detect potential instances of plagiarism or other forms of academic integrity breach. If such matches indicate evidence of plagiarism or other forms of academic integrity breaches, your teacher is required to report your work for further investigation.

You may only use artificial intelligence and writing assistance tools in assessment tasks if you are permitted to by your unit coordinator, and if you do use them, you must also acknowledge this in your work, either in a footnote or an acknowledgement section.

Studiosity is permitted for postgraduate units unless otherwise indicated by the unit coordinator. The use of this service must be acknowledged in your submission.

Simple extensions

If you encounter a problem submitting your work on time, you may be able to apply for an extension of five calendar days through a simple extension.  The application process will be different depending on the type of assessment and extensions cannot be granted for some assessment types like exams.

Special consideration

If exceptional circumstances mean you can’t complete an assessment, you need consideration for a longer period of time, or if you have essential commitments which impact your performance in an assessment, you may be eligible for special consideration or special arrangements.

Special consideration applications will not be affected by a simple extension application.

Using AI responsibly

Co-created with students, AI in Education includes lots of helpful examples of how students use generative AI tools to support their learning. It explains how generative AI works, the different tools available and how to use them responsibly and productively.

WK Topic Learning activity Learning outcomes
Multiple weeks 1. Introduction to the course; 2. Dispute resolution continuum; 3. History of ADR; 4. Negotiation - models, styles; 5. Preparation models in negotiation; 6. Harvard 7 element preparation Seminar (7 hr)  
1. Mediation, models, approaches and skills; 2. Mediation accreditation, obligations and standards; 3. Co mediation - intake and assessment Seminar (7 hr)  
1. Conciliation, facilitation, expert processes; 2. Arbitration and hybrid processes; 3. Pre-action protocols; 3. Good faith and other requirements; 4. Conflict management systems; 5. Evaluating ADR systems - system design Seminar (7 hr)  
1. Resolution of workplace disputes - hybrids; 2. Communication skills in different dispute resolution models; 3. Resolution of medical issue disputes - complaints systems; 4. Course review and presentation of system design work Seminar (7 hr)  

Attendance and class requirements

Attendance: All students are required to attend 100% of classes to satisfy the pass requirements for this unit of study. Students are required to participate in all classes including in-class group exercises and presentations. Failure to meet this requirement may result in a student being precluded from sitting the final assessment.

Word count penalty: A piece of assessment which exceeds the prescribed word limit will attract a penalty of 10% of the total marks available for the piece of assessment for every 100 words, or part thereof. The total word count for essay and other written assessments will exclude bibliography; footnote numbers; footnote citation; cover page and include body text; headings and sub-headings; quotations; anything other than numbers and citations in footnotes.

Referencing: The Sydney Law School expects you to use the Australian Guide to Legal Citation (4th edition, 2018) for your footnoting style, although you should confirm this with your lecturer, and a link to the library website where this is set out comprehensively is available at https://libguides.library.usyd.edu.au/c.php?g=508212&p=3476376

Study commitment

Typically, there is a minimum expectation of 1.5-2 hours of student effort per week per credit point for units of study offered over a full semester. For a 6 credit point unit, this equates to roughly 120-150 hours of student effort in total.

Required readings

All readings for this unit can be accessed through the Library eReserve, available on Canvas.

  • Tania Sourdin, Alternative Dispute Resolution, 6th Edition, Thomson Reuters 2020

Learning outcomes are what students know, understand and are able to do on completion of a unit of study. They are aligned with the University's graduate qualities and are assessed as part of the curriculum.

At the completion of this unit, you should be able to:

  • LO1. demonstrate an enhanced broad understanding of the theory, policy and practice of dispute resolution
  • LO2. understand various dispute resolution processes, their advantages and limitations
  • LO3. understand the application of dispute resolution methods in particular areas of practice
  • LO4. understand key theoretical debates about mediation
  • LO5. advise others about ADR processes
  • LO6. understand how to participate in ADR processes
  • LO7. evaluate the possible applications of various dispute resolution methods.

Graduate qualities

The graduate qualities are the qualities and skills that all University of Sydney graduates must demonstrate on successful completion of an award course. As a future Sydney graduate, the set of qualities have been designed to equip you for the contemporary world.

GQ1 Depth of disciplinary expertise

Deep disciplinary expertise is the ability to integrate and rigorously apply knowledge, understanding and skills of a recognised discipline defined by scholarly activity, as well as familiarity with evolving practice of the discipline.

GQ2 Critical thinking and problem solving

Critical thinking and problem solving are the questioning of ideas, evidence and assumptions in order to propose and evaluate hypotheses or alternative arguments before formulating a conclusion or a solution to an identified problem.

GQ3 Oral and written communication

Effective communication, in both oral and written form, is the clear exchange of meaning in a manner that is appropriate to audience and context.

GQ4 Information and digital literacy

Information and digital literacy is the ability to locate, interpret, evaluate, manage, adapt, integrate, create and convey information using appropriate resources, tools and strategies.

GQ5 Inventiveness

Generating novel ideas and solutions.

GQ6 Cultural competence

Cultural Competence is the ability to actively, ethically, respectfully, and successfully engage across and between cultures. In the Australian context, this includes and celebrates Aboriginal and Torres Strait Islander cultures, knowledge systems, and a mature understanding of contemporary issues.

GQ7 Interdisciplinary effectiveness

Interdisciplinary effectiveness is the integration and synthesis of multiple viewpoints and practices, working effectively across disciplinary boundaries.

GQ8 Integrated professional, ethical, and personal identity

An integrated professional, ethical and personal identity is understanding the interaction between one’s personal and professional selves in an ethical context.

GQ9 Influence

Engaging others in a process, idea or vision.

Outcome map

Learning outcomes Graduate qualities
GQ1 GQ2 GQ3 GQ4 GQ5 GQ6 GQ7 GQ8 GQ9

This section outlines changes made to this unit following staff and student reviews.

No changes have been made since this unit was last offerred

Disclaimer

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