Dispute Resolution: Theories and Principles is an elective subject in postgraduate programs offered by the Faculty of Law. This subject provides an overview and analysis of contemporary forms of dispute resolution (DR), including what has in the past been referred to as alternative dispute resolution (ADR). Students will develop knowledge about conflict and disputes, and about the value propositions behind different conflict interventions. The subject introduces theories and principles of negotiation, mediation, conciliation, arbitration and litigation, and to hybrid systems embracing more than one of these processes. It examines current and emerging dispute resolution trends, both local and global, in family, commercial, workplace and international trade and investment. All practices and trends are analysed in terms of the Rule of Law and justice values. Some simulations will be used as teaching tools, but this is not a skills-based subject and is not designed to teach and develop dispute resolution techniques.
|Academic unit:||Faculty of Law|
|Subject title:||Dispute Resolution: Theories and Principles|
Delivery & attendance
|Prescribed resources:|| |
|[email protected] & Email:||[email protected] is the online learning environment at Bond University and is used to provide access to subject materials, lecture recordings and detailed subject information regarding the subject curriculum, assessment and timing. Both iLearn and the Student Email facility are used to provide important subject notifications. Additionally, official correspondence from the University will be forwarded to students’ Bond email account and must be monitored by the student.|
To access these services, log on to the Student Portal from the Bond University website as www.bond.edu.au
Assumed knowledge is the minimum level of knowledge of a subject area that students are assumed to have acquired through previous study. It is the responsibility of students to ensure they meet the assumed knowledge expectations of the subject. Students who do not possess this prior knowledge are strongly recommended against enrolling and do so at their own risk. No concessions will be made for students’ lack of prior knowledge.
Juris Doctor students are expected to have completed a minimum of 80 credit points of compulsory law subjects.
Students must be into a Masters law degree OR LA-43040 Doctor of Legal Science (Research) OR be an approved Law Study Abroad or Law Exchange student.
This subject is not available as a general elective. To be eligible for enrolment, the subject must be specified in the students’ program structure.
Assurance of learning
Assurance of Learning means that universities take responsibility for creating, monitoring and updating curriculum, teaching and assessment so that students graduate with the knowledge, skills and attributes they need for employability and/or further study.
At Bond University, we carefully develop subject and program outcomes to ensure that student learning in each subject contributes to the whole student experience. Students are encouraged to carefully read and consider subject and program outcomes as combined elements.
Program Learning Outcomes (PLOs)
Program Learning Outcomes provide a broad and measurable set of standards that incorporate a range of knowledge and skills that will be achieved on completion of the program. If you are undertaking this subject as part of a degree program, you should refer to the relevant degree program outcomes and graduate attributes as they relate to this subject.
Subject Learning Outcomes (SLOs)
On successful completion of this subject the learner will be able to:
- a) describe the nature of conflict and the different ways one may respond to conflict from a variety of perspectives; b) describe the current attitudes of governments, courts and tribunals to ADR; c) identify and explain the fundamentals of dispute resolution theory; d) compare/contrast the nature, advantages and disadvantages of various dispute resolution processes from a variety of cross-disciplinary and cross-cultural perspectives; e) select an appropriate type of process according to the circumstances of a particular case; f) critically consider theoretical and ethical underpinnings of ADR in the context of judicial fairness, procedural fairness and the rule of law; g) evaluate the current role of ADR and speculate on its role in the future, including online dispute resolution, privatisation of ‘justice’.
- a) collect, analyse and organise information and ideas for clear and coherent articulation, in both written and spoken forms; b) present an argument in an online presentation; and c) provide high-quality written critique or evaluation of ADR theories and/or practice, based on sound research methods and approaches.
- a) describe the rules and standards of professional responsibility in the practice of ADR; b) evaluate professional responsibility frameworks in the context of counselling, confidentiality, and conflict of interest and laws; and c) reflect on their own personality and communication styles.
|*Class Participation||Class participation and simulated exercises||25%||Progressive||1, 2, 3.|
|*In-Class Quiz - Individual||Multiple Choice Test||20%||Week 9||1, 2, 3.|
|Take-home Examination||48 hour Take-home Exam||55%||Non-Standard Examination Period||1, 2, 3.|
- * Assessment timing is indicative of the week that the assessment is due or begins (where conducted over multiple weeks), and is based on the standard University academic calendar
- C = Students must reach a level of competency to successfully complete this assessment.
|High Distinction||85-100||Outstanding or exemplary performance in the following areas: interpretative ability; intellectual initiative in response to questions; mastery of the skills required by the subject, general levels of knowledge and analytic ability or clear thinking.|
|Distinction||75-84||Usually awarded to students whose performance goes well beyond the minimum requirements set for tasks required in assessment, and who perform well in most of the above areas.|
|Credit||65-74||Usually awarded to students whose performance is considered to go beyond the minimum requirements for work set for assessment. Assessable work is typically characterised by a strong performance in some of the capacities listed above.|
|Pass||50-64||Usually awarded to students whose performance meets the requirements set for work provided for assessment.|
|Fail||0-49||Usually awarded to students whose performance is not considered to meet the minimum requirements set for particular tasks. The fail grade may be a result of insufficient preparation, of inattention to assignment guidelines or lack of academic ability. A frequent cause of failure is lack of attention to subject or assignment guidelines.|
For the purposes of quality assurance, Bond University conducts an evaluation process to measure and document student assessment as evidence of the extent to which program and subject learning outcomes are achieved. Some examples of student work will be retained for potential research and quality auditing purposes only. Any student work used will be treated confidentially and no student grades will be affected.
Students must check the [email protected] subject site for detailed assessment information and submission procedures.
Policy on late submission and extensions
A late penalty will be applied to all overdue assessment tasks unless an extension is granted by the subject coordinator. The standard penalty will be 10% of marks awarded to that assessment per day late with no assessment to be accepted seven days after the due date. Where a student is granted an extension, the penalty of 10% per day late starts from the new due date.
Policy on plagiarism
University’s Academic Integrity Policy defines plagiarism as the act of misrepresenting as one’s own original work: another’s ideas, interpretations, words, or creative works; and/or one’s own previous ideas, interpretations, words, or creative work without acknowledging that it was used previously (i.e., self-plagiarism). The University considers the act of plagiarising to be a breach of the Student Conduct Code and, therefore, subject to the Discipline Regulations which provide for a range of penalties including the reduction of marks or grades, fines and suspension from the University.
Feedback on assessment
Feedback on assessment will be provided to students within two weeks of the assessment submission due date, as per the Assessment Policy.
If you have a disability, illness, injury or health condition that impacts your capacity to complete studies, exams or assessment tasks, it is important you let us know your special requirements, early in the semester. Students will need to make an application for support and submit it with recent, comprehensive documentation at an appointment with a Disability Officer. Students with a disability are encouraged to contact the Disability Office at the earliest possible time, to meet staff and learn about the services available to meet your specific needs. Please note that late notification or failure to disclose your disability can be to your disadvantage as the University cannot guarantee support under such circumstances.
Additional subject information
Students may be asked to respond to questions from the subject coordinator regarding the content of their assessments. Students are expected to keep evidence of drafting and research.
Introduction to subject, multi-disciplinary influences, overview and consideration of dispute resolution theory and practice, changing roles of lawyers and legal work
Understanding conflict, communication and culture, high conflict individuals
Overview of and connections among contemporary dispute resolution processes
The revolutionary evolution of DR thinking and practice in Australia and abroad
The philosophies, value propositions and goals of dispute resolution processes
Self-help, negotiation, conflict coaching, collaborative law, partnering
Mediation's role in contemporary dispute resolution practices and law
Tradition, case management and non-adversarial justice in contemporary litigation
Connecting theory to practice in contemporary dispute resolution
Exercises in aspects of dispute resolution