LLB103 Study Guide Sem 1 2019 PDF

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LLB103 DISPUTE RESOLUTION STUDY GUIDE SEMESTER 1 2019 FACULTY OF LAW

LLB103 Dispute Resolution

Study Guide – Semester 1, 2019

TABLE OF CONTENTS INTRODUCTORY GUIDE...........................................................................................2 PART A: Unit Material...............................................................................................3 1. Welcome...............................................................................................................................................3 2. Rationale..............................................................................................................................................3 3. Aims......................................................................................................................................................3 4. Learning Outcomes............................................................................................................................3 5. Content.................................................................................................................................................4 6. Teaching and Learning Approaches................................................................................................4 7. Assessment.........................................................................................................................................5 8. Online Resources for Unit.................................................................................................................7 9. Use of the Study Guide......................................................................................................................7 10.Texts and References........................................................................................................................7 11.Study Hints and Tips..........................................................................................................................8 12.Timetable:.............................................................................................................................................9 13.Teaching Staff....................................................................................................................................10 14.Important Information for LLB103 Students..................................................................................10

PART B: Faculty Policies........................................................................................11 STUDY GUIDE............................................................................................................12 Week 1: Introduction and the contemporary importance of Alternative Dispute Resolution (ADR)...............................................................................................13 Week 2: Introduction to ADR and the Spectrum of Dispute Resolution Forums 14 Week 3: Negotiation...........................................................................................................15 Week 4: Communication skills for dispute resolution practitioners......................16 Week 5: Mediation...............................................................................................................17 Week 6: Conciliation and Arbitration.............................................................................18 Week 7: International Commercial Arbitration.............................................................19 Week 8: Mental Health and the Law................................................................................20 Week 9: Advocacy and dispute resolution...................................................................21 Week 10: Exam information lecture................................................................................22 Week 11: Lawyers as Managers and Resolvers of Conflicts and Disputes..........23 Week 12: Dispute Resolution and Psychology............................................................24 Week 13: Ethics and Dispute Resolution......................................................................25 Tutorial Questions...............................................................................................................26

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LLB103 Dispute Resolution

Study Guide – Semester 1, 2019

INTRODUCTORY GUIDE

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LLB103 Dispute Resolution

Study Guide – Semester 1, 2019

PART A: Unit Material 1.

Welcome

Welcome to the unit LLB103 - Dispute Resolution . James Duffy is the Unit Coordinator, and Anne Matthew (lectures) is a full-time member of staff who will be teaching into the subject. We hope you find the subject interesting, challenging and rewarding.

2.

Rationale

It is important for law students to understand the significant and positive role that lawyers play in society. This role includes upholding the rule of law and assisting people to resolve disputes. Dispute resolution processes such as negotiation, mediation, conciliation and arbitration are now used in many areas of Australian society to resolve both legal and non-legal disputes. This unit introduces you to a range of aspects of legal practice, with a focus on non-adversarial approaches to practice and advocacy. An understanding of these approaches, along with a critical perspective of the adversarial system, will contribute to the development of your emerging sense of a positive professional legal identity.

3.

Aims

This unit aims to:  Introduce you to the key characteristics of alternative dispute resolution processes;  Introduce you to the knowledge and skills necessary to be an effective dispute resolution advocate;  Introduce you to positive lawyering knowledge and practices that are important to support engagement with legal education and develop a positive professional identity; and  Develop collaborative and interpersonal skills.

4.

Learning Outcomes

At the completion of this unit you should be able to: (1) Understand and critically analyse the key characteristics of dispute resolution processes. (CLO 2.3; 2.4; 4.4) (2) Compare and categorise the range of dispute resolution processes available to lawyers to enable you to choose the most appropriate dispute resolution process for a client’s needs. (CLO 1.4; 2.3; 4.4; 5.1) (3) Evaluate the range of advocacy roles a lawyer can play and define how non-adversarial dispute resolution assists lawyers in developing a positive professional identity. (CLO 4.1; 5.3; 5.4)

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LLB103 Dispute Resolution

(4) (5) (6)

5.

Study Guide – Semester 1, 2019

Solve simple disputes using appropriate dispute resolution processes. (CLO 2.4; 4.1; 4.4; 5.1) Conduct personal reflection upon your own performance, and consider links between reflective practice and well-being as a student and practitioner. (CLO 3.4; 5.4) and Identify ethical issues/duties that relate to dispute resolution forums and the legal practitioner’s role within them. (CLO 1.2; 5.1; 5.2).

Content

The content of this unit includes:  The diverse roles of lawyers as advocates, managers and resolvers of disputes;  The concepts of adversarial and non-adversarial practice and the spectrum of dispute resolution processes;  How to engage in dispute resolution practice and effectively represent a client in dispute resolution processes (including the effective use of critical thinking, communication and reflective practice); and  Obligations of the dispute resolution advocate, including legal and ethical obligations.

6.

Teaching and Learning Approaches

This unit is a combination of content and skills that will develop the course learning outcomes. Therefore, the unit is taught through a combination of face-to-face lectures (that are also podcast) and tutorials. The tutorials will take place in collaborative learning spaces where students will workshop ideas about alternative dispute resolution in the law. Students will be introduced to a reflective framework and encouraged to reflect on their personal development in this unit, developing critical reflective practices that will also be applied at other key moments of the course. This will be replicated in an online format for virtual participation. Questions about constructing a positive professional identity will also be considered in order to lay the foundation for developing resilience and well-being as a law student and eventual legal professional. Students will begin to build a sense of how a lawyer’s professional judgment is developed and how this references an ethical legal framework. The concept of the legal practitioner as advocate will also be examined. In considering processes other than litigation to resolve disputes, students will be encouraged to utilise both logical and creative thought processes in addressing issues, where creative thinking is defined as approaching problems and situations from an innovative or unexpected perspective.

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Study Guide – Semester 1, 2019

Student learning is supported with online pedagogic materials to provide feedback on the understanding of the principles and skills of the unit. External Attendance School Mid-way through the semester, there is an external attendance school where skills workshops will be conducted with external students. Attendance at the external school is compulsory for external students , as role-play assessment is undertaken.

7.

Assessment

In this unit there is both formative assessment (to receive feedback on your learning) and summative assessment (to receive feedback and a mark). 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. Summative assessment for internal and external students will be based on (1) a role-play and reflective practice exercise and (2) an exam. In this unit you will be graded on a scale of one to seven. Feedback Students are provided with feedback to assist their learning throughout the semester. The feedback is provided through:  The discussions in the weekly tutorials (internal students);  The online guides of the weekly tutorials (external students);  The External Attendance School (external students);  Online materials;  The individual feedback provided on assessment with the completed Criteria Referenced Assessment form;  Generic feedback posted on the unit’s Blackboard for each item of assessment;  Examples of past student assessment; and  The option of consultation with a member of the teaching team.

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Assessment for Internal and External Students Assessment item 1 Assessment item type

Role-Play and Reflective Practice

Assessment Name:

Dispute Resolution Reflective Practice Exercise

Description:

Students will be assessed on their performance in a negotiation or mediation role-play held during tutorials. They will then be required to reflect on the role-play (and their performance within it) using the 4Rs model of reflective practice. Word limit: 2000 words

Relates to learning outcomes

1-5

Weight:

40%

Due date:

Assessable role-plays will occur during tutorials in weeks 7 and 8 of semester. For external students, role-plays will be assessed at the external attendance school. Reflective practice assignment for week 7 role-play students due Thursday Week 9 11:59pm. Reflective practice assignment for week 8 role-play students due Thursday Week 10 11:59pm. Reflective practice assignment for external students due Thursday Week 10 11:59pm.

Internal/ external

Internal and external

Individual/group

Individual

Assessment Item 2 Assessment item type

Examination (theory)

Assessment Name:

Examination

Description:

An end of semester written examination that covers the topics of the unit.

Relates to learning outcomes

1-6

Weight:

60%

Due date:

Central examination period

Internal/ external

Both

Individual/group

Individual

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Study Guide – Semester 1, 2019

Online Resources for Unit

This unit is offered in a combination of face-to-face and online teaching. You can access the unit’s online Blackboard site through: .

9.

Use of the Study Guide

The study guide is your roadmap to the subject. This introductory guide contains all the general information you need to know about assessment, lectures, tutorials, teaching staff, etc. If you need any other information or are in any way confused, please contact Lisa Davis, the student advisor for the subject (email is usually the fastest way to get in touch). The unit content is delivered in the lectures, and through the prescribed and recommended readings. The tutorials work through that content using the activities set out for each week in the study guide. The tutorials are designed to help you to explore the key concepts of the week through discussion, and to help you understand the unit content more deeply. Materials such as Powerpoints and additional readings can be downloaded from the Blackboard site.

10.

Texts and References

Prescribed texts: Rachael Field, James Duffy and Anna Huggins, Lawyering and Positive Professional Identities (LexisNexis Butterworths, 2014). David Spencer, Principles of Dispute Resolution (Thomson Reuters, 2nd ed, 2016). Further resources and materials will be provided via the unit’s Blackboard site: http://blackboard.qut.edu.au

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Study Guide – Semester 1, 2019

Study Hints and Tips

General tips. Students learn in many different ways. Here are some suggested tips for studying this unit.     

Each week complete all of the readings and activities for that week set out in your study guide. Internal students should attend or listen to the lectures each week; external students should listen to the podcasts of the lectures each week. Make notes from the readings and write up a summary of the material for the week. Each week review your lecture and tutorial notes. If you have questions, ask the student adviser or unit coordinator.

Keep up with your workload  Keep up with your work in the unit from week to week and don’t get behind; it can be very difficult to catch up. Plan ahead for end of semester exam study  This unit is about understanding concepts rather than memorising information, so ensure you understand the concepts as you go along. Make sure you ask questions when you don’t understand.  Don’t leave all your study to the last minute; it will be too stressful and difficult for you to take in large amounts of information the night before the exam, particularly when you are studying several other subjects.

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Study Guide – Semester 1, 2019

Timetable:

Week Week 1

Topic The Contemporary Importance of Alternative Dispute Resolution

Week 2

Introduction to ADR and the Spectrum of

Readings See the ‘Learning Resources’ page on the Blackboard site for weekly readings.

Dispute Resolution Forums Week 3

Negotiation

Week 4

Communication Skills for Dispute Resolution Practitioners

Week 5

Mediation

Week 6

Conciliation/Arbitration

Week 7

International Commercial Arbitration

Week 8

Mental Health and the Law

Week 9

Technology and Dispute Resolution

Week 10

Exam Lecture

Week 11

Lawyers as Managers and Resolvers of Conflicts and Disputes

Week 12

Psychology and Dispute Resolution

Week 13

Ethics and Dispute Resolution

13.

Teaching Staff

Unit Coordinator: James Duffy  Room C728  Tel: (07) 3138 4446

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Study Guide – Semester 1, 2019

Email: [email protected]

Student Adviser: Lisa Davis Email: [email protected] Please send any queries you have about this unit to Lisa in the first instance (unless they relate to lecture content).

14.

Important Information for LLB103 Students

Staff contact Academic staff are available for personal consultation. It is often easiest to make first contact with academic staff via email to set up a convenient appointment time. Email etiquette We encourage students to use email as an effective way to communicate with staff members. Students should be aware that laws govern email messages including laws on defamation, copyright, obscenity, sexual harassment, and wrongful discrimination. Email messages can be forwarded to a third party without your knowledge, so care must be taken with the words and tone of your emails. Email communication with staff members is a more formal medium then sending a text message with your mobile phone. Please make your communications as brief as possible, written in clear and plain English. Your emails to staff members should include the following information:  Your name  Student number  The subject code your query relates to (lecturers often teach in multiple subjects). As law students, written communication skills will form an important part of your degree. As future professionals, you will be expected to communicate and negotiate by email, in ways that are clear, informative and courteous.

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Study Guide – Semester 1, 2019

PART B: Faculty Policies For all relevant faculty policies, please consult the Law Student Gateway (http://www.student.qut.edu.au/about/faculties-institutes-and-divisions/faculties/law): Select either one of the following: Publication: http://www.student.qut.edu.au/about/faculties-institutes-and divisions/faculties/law/publications School Law Forms:http://www.student.qut.edu.au/about/faculties-institutes-anddivisions/faculties/law/forms It is your responsibility to read and understand these policies and to ensure that you comply with them. Academic Integrity QUT is committed to maintaining high academic standards in all its course and unit offerings and expects students to conduct themselves in a manner which is fair and honest and consistent with Academic Integrity particularly when undertaking assessment. This includes supporting and assuring academic integrity of assessment. Any actions or practice by a student which defeat the purpose of assessment is regarded as a failure to maintain academic integrity. A breach can include plagiarism or cheating in examinations. Plagiarism involves representing another person's ideas or work as one's own. Upholding the principles of Academic integri...