| Semester 3, 2021 Online | |
| Short Description: | Advanced Dispute Management |
| Units : | 1 |
| Faculty or Section : | Faculty of Business, Education, Law and Arts |
| School or Department : | School of Law and Justice |
| Student contribution band : | Band 4 |
| ASCED code : | 090999 - Law not elsewhere classified |
| Grading basis : | Graded |
Staffing
Examiner:
Requisites
Pre-requisite or Co-requisite: LAW5111 and LAW5112
Other Requisites
Students are required to have access to a personal computer, e-mail capabilities and Internet access to UConnect. Current details of computer requirements can be found at .
This course will be conducted online only.
Rationale
This course is required to give students knowledge in how to address clients’ needs in managing their disputes by using the most appropriate process in their legal practice. There are now a diverse array of processes available for dispute management. The course will provide students with the knowledge required to make informed choices when assisting clients. It also contributes significantly to the threshold learning outcomes for law graduates providing, in particular, communication and conflict theory for improved interpersonal client skills. The course covers the many processes by which disputes can now be managed, addressing the theories, practice, ethics and codes of conduct.
Synopsis
A fundamental skill of a lawyer is the ability to successfully manage disputes in their professional arena. The course will introduce students to analysis of disputes based on theory and approaches to communication and the legal environment when dealing with disputes. Students will explore important skills in communication such as listening, interviewing and negotiating. Students will be introduced to the array of possible processes for managing disputes, including litigation. The processes will be considered in depth on a weekly basis. The course gives students grounding in the fundamentals of dispute management in the Australian legal system.
Objectives
On successful completion of the course, students should be able to demonstrate:
- Demonstrate an advanced and integrated understanding [explain, apply and evaluate] of a complex body of knowledge relevant to dispute management, and underlying principles and concepts; the broader contexts within which legal issues arise in this area; the principles and values of justice and of ethical practice in lawyers’ roles [in this area], and contemporary developments in law, and its professional practice (PO1/TLO1).
- Demonstrate an advanced and integrated understanding [explain, apply and evaluate] of approaches to ethical decision-making, an ability to recognise and reflect upon (and a developing ability to respond to) ethical issues likely to arise [in the context of dispute management], an ability to recognise and reflect upon the professional responsibilities of lawyers in promoting justice and in service to the community, and a developing ability to exercise professional judgment (PO2/TLO2).
- Identify and articulate complex issues [relevant to dispute management], [comprehend legal and other materials]; generate appropriate practical responses to issues [that may arise in dispute management]; engage in critical analysis and make reasoned and appropriate choices amongst alternatives, and demonstrate sophisticated cognitive and creative skills in approaching [disputes] and generating appropriate responses [through the use of dispute management methods] (PO3/TLO3).
- Communicate in ways that are effective, appropriate and persuasive for legal and non-legal audiences (PO5/TLO5).
Topics
| Description | Weighting(%) | |
|---|---|---|
| 1. | Understanding disputes | 10.00 |
| 2. | Communication. | 10.00 |
| 3. | History and Philosophy of dispute management. | 5.00 |
| 4. | Interviewing. | 10.00 |
| 5. | Negotiation. | 10.00 |
| 6. | Mediation. | 10.00 |
| 7. | Facilitation. | 5.00 |
| 8. | Conciliation. | 5.00 |
| 9. | Collaborative Practice. | 10.00 |
| 10. | Arbitration. | 10.00 |
| 11. | Litigation. | 10.00 |
| 12. | Statutory Schemes and Professional Practice. | 5.00 |
Text and Materials
ALL textbooks and materials available to be purchased can be sourced from (unless otherwise stated). (https://omnia.usq.edu.au/textbooks/?year=2021&sem=03&subject1=LAW5122)
Please for alternative purchase options from USQ Bookshop. (https://omnia.usq.edu.au/info/contact/)
Reference Materials
at .
Student Workload Expectations
| Activity | Hours |
|---|---|
| Assessments | 22.00 |
| Directed Study | 52.00 |
| Online Tutorials | 12.00 |
| Private Study | 79.00 |
Assessment Details
| Description | Marks out of | Wtg (%) | Due Date | Objectives Assessed | Notes |
|---|---|---|---|---|---|
| ASSIGNMENT PART A - ABSTRACT | 20 | 20 | 06 Dec 2021 | 1,2,3 | |
| ONLINE QUIZ 1 | 20 | 20 | 20 Dec 2021 | 1,2,3,4 | (see note 1) |
| ASSIGNMENT PART B - CASE STUDY | 40 | 40 | 17 Jan 2022 | 1,2,3,4 | |
| ONLINE QUIZ 2 | 20 | 20 | 28 Jan 2022 | 1,2,3,4 | (see note 2) |
Notes
- This quiz is an online multiple choice test.
- This quiz is an online multiple choice test.
Important assessment information
-
Attendance requirements:
There are no attendance requirements for this course. However, it is the students' responsibility to study all material provided to them or required to be accessed by them to maximise their chance of meeting the objectives of the course and to be informed of course-related activities and administration. -
Requirements for students to complete each assessment item satisfactorily:
To satisfactorily complete an individual assessment item a student must achieve at least 50% of the marks. (Depending upon the requirements in Statement 4 below, students may not have to satisfactorily complete each assessment item to receive a passing grade in this course.) -
Penalties for late submission of required work:
Students should refer to the Assessment Procedure (point 4.2.4) -
Requirements for student to be awarded a passing grade in the course:
To be assured of receiving a passing grade a student must achieve at least 50% of the total weighted marks available for the course. -
Method used to combine assessment results to attain final grade:
The final grades for students will be assigned on the basis of the aggregate of the weighted marks obtained for each of the summative assessment items in the course. -
Examination information:
There is no examination in this course. -
Examination period when Deferred/Supplementary examinations will be held:
Deferred and Supplementary examinations will be held in accordance with the Assessment Procedure . -
University Student Policies:
Students should read the USQ policies: Definitions, Assessment and Student Academic Misconduct to avoid actions which might contravene University policies and practices. These policies can be found at .
Assessment Notes
-
Referencing in assignments:
Students studying this course as part of the Juris Doctor must use the Australian Guide to Legal Citation (AGLC) style. Students who are not enrolled in the Juris Doctor may use either Harvard (AGPS) or the Australian Guide to Legal Citation (AGLC) in their assignments to format details of the information sources they have cited in their work. For AGLC style guide enquiries, consult the AGLC manual from the USQ Library's referencing guide at or contact the Law librarian. The Harvard (AGPS) style to be used is defined by the USQ Library's referencing guide at .