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LAW2206 Legal Conflict Resolution

Semester 1, 2013 External Toowoomba
Units : 1
Faculty or Section : Faculty of Business and Law
School or Department : School of Law
Version produced : 19 April 2014

Contents on this page

Staffing

Examiner: Pauline Collins
Moderator: Michael Maguire

Requisites

Pre-requisite: LAW1202 or LAW5502

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 http://www.usq.edu.au/current-students/support/computing/hardware.

The course will be conducted via three two-day intensives over the course of the semester. Regular weekly lectures and tutorials will not be held for on-campus students.

On-campus students will be expected to attend the intensives unless they contact the examiner with a valid reason. External students are encouraged to attend. Accommodation can be booked at http://www.usq.edu.au/accommodation/contact.htm (Toowoomba) and http://www.educationcity.com.au/ (Springfield). Students who cannot attend intensives and with which assessment items are associated will be given alternative assessments to ensure there is no disadvantage for students who cannot attend.

The dates and location of the intensives will be published on the StudyDesk prior to the start of the semester.

Rationale

This course is required to give students knowledge in a growing area of legal practice alternative dispute resolution (ADR). 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 emerging ADR practices, addressing the theories, practice and mediator ethics and code of conduct.

Synopsis

A fundamental skill of a lawyer is the ability to successfully resolve conflicts in the professional arena. The course will introduce students to communication in a situation of conflict. Students will explore important skills in communication such as listening, interviewing and negotiating. Students will be introduced to the array of possible methods of resolving conflicts, including litigation. Some methods of conflict resolution such as mediation will be considered in detail so students have a sound practical knowledge. The course will give students grounding in the fundamentals of conflict resolution in the Australian legal system.

Objectives

On successful completion of the course, students should be able to demonstrate:

  1. a knowledge of the nature of conflict
  2. an understanding of the fundamentals of communication
  3. the skills and techniques required for interviewing and negotiating, including interpersonal skills
  4. an understanding of the theories, principles and practices of mediation
  5. an understanding of, and ability to critique, alternative conflict resolution processes
  6. a knowledge of legal and ethical issues involved with the practice of conflict resolution in Australia
  7. an understanding of, and ability to evaluate, the role of different conflict resolution processes within a changing legal landscape
  8. satisfactory research and communication skills.

Topics

Description Weighting(%)
1. Conflict and communication 15.00
2. Interviewing and negotiating 20.00
3. Theories and principles of mediation 15.00
4. Mediation in practice 20.00
5. Ethical and legal issues/Lawyers in mediation 20.00
6. Changes and choice in conflict resolution 10.00

Text and materials required to be purchased or accessed

ALL textbooks and materials available to be purchased can be sourced from USQ's Online Bookshop (unless otherwise stated). (https://bookshop.usq.edu.au/bookweb/subject.cgi?year=2013&sem=01&subject1=LAW2206)

Please contact us for alternative purchase options from USQ Bookshop. (https://bookshop.usq.edu.au/contact/)

  • Condliffe, PFJ 2012, Conflict management: a practical guide, 4th edn, LexisNexis Butterworths, Chatswood, New South Wales.

Reference materials

Reference materials are materials that, if accessed by students, may improve their knowledge and understanding of the material in the course and enrich their learning experience.
  • Alexander, N & Howieson, J 2010, Negotiation: strategy style skills, 2nd edn, LexisNexis Butterworths, Chatswood, New South Wales.
  • Boulle, L 2011, Mediation, principles, process and practice, 3rd edn, LexisNexis Butterworths, Chatswood, New South Wales.
  • Brandon, M & Robertson, L 2007, Conflict and dispute resolution: a guide for practice, Oxford University Press, South Melbourne, Victoria.
  • Sourdin, T 2012, Alternative dispute resolution, 4th edn, Lawbook Co, Pyrmont, New South Wales.
  • Spencer, D & Brogan, M 2006, Mediation law and practice, Cambridge University Press, Port Melbourne, Victoria.
  • LexisNexis AU [electronic database]: Civil Procedure Qld Uniform Civil Procedure Rules, Civil Procedure Qld Uniform Civil Procedure Rules Bulletin, Qld Supreme Court Practice Bulletin, Qld District & Magistrates Courts Practice Bulletin, Civil Procedure Qld District & Magistrates Courts Practice - accessible via USQ Library Database Services at http://ezproxy.usq.edu.au/login?url=http://resguide.usq.edu.au/index.php?type=databases&route=direct&ID=76.

Student workload requirements

Activity Hours
Assessments 22.00
Directed Study 52.00
Private Study 91.00

Assessment details

Description Marks out of Wtg (%) Due Date Notes
ONLINE DISCUSSIONS 20 20 08 Mar 2013 (see note 1)
ONLINE MULTIPLE-CHOICE TESTS 15 15 08 Mar 2013 (see note 2)
CONFLICT ANALYSIS & MEDIATION 30 30 20 May 2013
RESEARCH PAPER 35 35 03 Jun 2013

NOTES
  1. The due date will be at the end of the scheduled completion of each module in line with your study schedule. The final marks will be awarded at the end of the semester.
  2. The online tests are formative. The actual mark for each test will not be counted summatively towards your overall assessment. Rather, your participation in the formative assessment (6 tests - one for each module) and completion by the due date will be rewarded as recognition for your timely and ongoing participation in the course as per the above description. The due date will be at the end of the scheduled completion of each module in line with your study schedule. The final marks will be awarded at the end of the semester.

Important assessment information

  1. Attendance requirements:
    If you are an international student in Australia, you are advised to attend all classes at your campus. For all other students, 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.

  2. 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.)

  3. Penalties for late submission of required work:
    If students submit assignments after the due date without prior approval of the examiner, then a penalty of 5% of the total marks gained by the student for the assignment may apply for each working day late up to ten working days at which time a mark of zero may be recorded.

  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.

  5. 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.

  6. Examination information:
    There is no examination in this course.

  7. Examination period when Deferred/Supplementary examinations will be held:
    Not applicable.

  8. 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 http://policy.usq.edu.au.

Assessment notes

  1. Referencing in assignments: Students studying this course as part of a Bachelor of Laws or Juris Doctor must use the Australian Guide to Legal Citation (AGLC) style. Students who are not enrolled in either of these programs 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 http://www.usq.edu.au/library/referencing, or contact the Law librarian. The Harvard (AGPS) style to be used is defined by the USQ Library's referencing guide at http://www.usq.edu.au/library/referencing.

Other requirements

  1. Computer, e-mail and Internet access: 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 http://www.usq.edu.au/current-students/support/computing/hardware.

  2. Internet-based live classroom sessions: In addition, external students will in this course have the opportunity to use an Internet-based live classroom allowing you to participate in group work. These sessions will require a computer headset with microphone and a broadband connection but you can also participate via text (if you do not have a microphone) and a dialup connection. If you have a web cam you can also use this. The course Announcements and News forum will contain full instructions for preparing your computer and connecting to the session. To find out more about Wimba go to http://www.wimba.com/services/students/.

  3. You will need to check the StudyDesk early in the first week of semester regarding the intensives program.