ECU Web Unit Outline
 
FACULTY OF BUSINESS AND LAW
SCHOOL OF LAW AND JUSTICE
Full Unit Outline - Enrolment Approved Wednesday, 8 August 2012
Disclaimer
This unit outline may be updated and amended immediately prior to semester. To ensure you have the correct outline, please check it again at the beginning of semester.
 
UNIT TITLE Alternative Dispute Resolution
UNIT CODE LAW3105
CREDIT POINTS 15
FULL YEAR UNIT No
PRE-REQUISITES LAW1116 - Legal Process
or
LAW1600 - Legal Writing and Research
or
LAW1100 - Legal Framework I
MODE OF DELIVERY On-campus
DESCRIPTION

This unit provides a general introduction to the theories, practice and processes of Alternative Dispute Resolution (ADR), including negotiation and mediation.  In this unit, students will examine non-adjudicative dispute resolution processes within the court system, as well as industry-and community-based approaches to conflict management and dispute resolution.  They will moreover become familiar with the roles of ADR practitioners and participants, the relevant legislation and jurisdictions, as well as ethical considerations.  The unit will explore the effects of outcomes reached through ADR and will present a generic model of mediation.  Students will have the opportunity to engage in mediation and negotiation exercises and role plays.
 
LEARNING OUTCOMES

On successful completion of this unit, students should be able to:

  1. distinguish between the processes and aims of facilitative, advisory and determinative approaches to alternative dispute resolution;
  2. explain the role of the law in alternative dispute resolution;
  3. explain conflict management as an opportunity for empowerment, recognition and reconciliation;
  4. identify and apply basic principles of alternative dispute resolution in assessing the potential efficacy of ADR in a variety of contexts (including online ADR);
  5. describe and explain a basic model of mediation (including the roles of mediators and participants as well as ethical considerations); and
  6. make an assessment of the knowledge, skills and aptitudes needed in practice.

 
 
UNIT CONTENT
  1. Alternative Dispute Resolution (ADR) contexts and approaches, including negotiation, mediation and arbitration.
  2. Comparisons of facilitative, advisory and determinative approaches to ADR.
  3. Types of conflict and strategies for conflict management.
  4. Ethical issues relevant to alternative dispute resolution.
  5. Legal issues in alternative dispute resolution.
  6. Models and skills associated with alternative dispute resolution.
 
TEACHING AND LEARNING PROCESSES

This unit will be offered in the on-campus mode.  Students will attend a weekly 3-hour seminar.  Active participation during seminars is a requirement. 
 
GRADUATE ATTRIBUTES
  • ability to communicate
  • ability to work in teams
  • critical appraisal skills
  • ability to generate ideas
 
ASSESSMENT
Grading Schema 1
 
Students please note: The marks and grades received by students on assessments may be subject to further moderation. All marks and grades are to be considered provisional until endorsed by the relevant Board of Examiners.
 

Item

On-Campus Assessment

Value

  

Assignment

Research assignment 1 (short essay)

15%

Assignment

Research assignment 2 (short essay)

15%

Test

Mid-semester short answer test

25%

Journal

Journal

30%

Participation

Mediation simulation

15%

 
To pass this unit all components of assessment must be completed and submitted.
 
TEXTS
Sourdin, T. (2008). Alternative dispute resolution. Sydney: Thomson Law Book Co.
Fisher, R., & Ury, W., with Patton, B., (ed.) (1991). Getting to yes: Negotiating an agreement without giving in (2nd ed.). New York: Penguin Books.
 
SIGNIFICANT REFERENCES
Astor, H., & Chinkin., C. M. (2002). Dispute resolution in Australia (2nd ed.). Sydney: LexisNexis Butterworths.
Boulle., L. (2005). Mediation: Principles, process, practice (2nd ed.). Sydney: LexisNexis Butterworths.
Boulle., L. (2001). Mediation: Skills and techniques. Chatswood, NSW: Butterworths.
Charlton., R., & Dewdney., M. (2004). The mediator's handbook: Skills and strategies for practitioners (2nd ed.). Pyrmont, NSW: Thomson Lawbook Co.
Tillett., G., & French., B. (2006). Resolving conflict: A practical approach (3rd ed.). South Melbourne, Vic: Oxford University Press.
 
 
 
Disability Standards for Education (Commonwealth 2005)
For the purposes of considering a request for Reasonable Adjustments under the Disability Standards for Education (Commonwealth 2005), inherent requirements for this subject are articulated in the Unit Description, Learning Outcomes, Graduate Attributes and Assessment Requirements of this entry. The University is dedicated to provide support to those with special requirements. Further details on the support for students with disabilities or medical conditions can be found at the Student Equity, Diversity and Disability Service website:
http://intranet.ecu.edu.au/student/support/student-equity
 
 


Academic Misconduct


Edith Cowan University has firm rules governing academic misconduct and there are substantial penalties that can be applied to students who are found in breach of these rules. Academic misconduct includes, but is not limited to:

  • plagiarism;
  • unauthorised collaboration;
  • cheating in examinations;
  • theft of other students’ work.

Additionally, any material submitted for assessment purposes must be work that has not been submitted previously, by any person, for any other unit at ECU or elsewhere.


The ECU rules and policies governing all academic activities, including misconduct, can be accessed through the ECU website.
ECU Web Unit Outline