School: Business and Law

This unit information 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
  • Year

    2021
  • Enrolment Period

    1
  • Version

    1
  • Credit Points

    15
  • Full Year Unit

    N
  • Mode of Delivery

    On Campus
    Online
  • Unit Coordinator

    Ms Cecilia ANTHONY DAS

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.

Non Standard Timetable Requirements

This unit will be offered on-campus in intensive mode only.

Prerequisite Rule

Students must have passed either LAW1100, LAW1116 or LAW1600.

Learning Outcomes

On completion of this unit students should be able to:

  1. Describe and explain a basic model of mediation (including the roles of mediators and participants as well as ethical considerations).
  2. Distinguish between the processes and aims of facilitative, advisory and determinative approaches to alternative dispute resolution.
  3. Explain conflict management as an opportunity for empowerment, recognition and reconciliation.
  4. Explain the role of the law in alternative dispute resolution.
  5. Identify and apply basic principles of alternative dispute resolution in assessing the potential efficacy of ADR in a variety of contexts (including online ADR).
  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. Ethical issues relevant to alternative dispute resolution.
  4. Legal issues in alternative dispute resolution.

Learning Experience

ON-CAMPUS

Students will attend on campus classes as well as engage in learning activities through ECUs LMS

JoondalupMount LawleySouth West (Bunbury)
Summer9 x 3 hour seminarNot OfferedNot Offered

For more information see the Semester Timetable

ONLINE

Students will engage in learning experiences through ECUs LMS as well as additional ECU l

Additional Learning Experience Information

This unit will be offered in the on-campus intensive mode and online mode. Active participation during seminars is a requirement. Online students will access the program via Blackboard. Online access is required.

Assessment

GS1 GRADING SCHEMA 1 Used for standard coursework units

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 School Progression Panel.

ON CAMPUS
TypeDescriptionValue
JournalReflective Journal60%
ExerciseLetter Writing Exercise30%
ParticipationTutorial Participation10%
ONLINE
TypeDescriptionValue
JournalReflective journal60%
ExerciseLetter Writing Exercise30%
ParticipationTutorial Participation10%

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 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 Access and Inclusion website.

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.

LAW3105|1|1

School: Business and Law

This unit information 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
  • Year

    2021
  • Enrolment Period

    2
  • Version

    1
  • Credit Points

    15
  • Full Year Unit

    N
  • Mode of Delivery

    On Campus
    Online
  • Unit Coordinator

    Ms Cecilia ANTHONY DAS

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.

Non Standard Timetable Requirements

This unit will be offered on-campus in intensive mode only.

Prerequisite Rule

Students must have passed either LAW1100, LAW1116 or LAW1600.

Learning Outcomes

On completion of this unit students should be able to:

  1. Describe and explain a basic model of mediation (including the roles of mediators and participants as well as ethical considerations).
  2. Distinguish between the processes and aims of facilitative, advisory and determinative approaches to alternative dispute resolution.
  3. Explain conflict management as an opportunity for empowerment, recognition and reconciliation.
  4. Explain the role of the law in alternative dispute resolution.
  5. Identify and apply basic principles of alternative dispute resolution in assessing the potential efficacy of ADR in a variety of contexts (including online ADR).
  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. Ethical issues relevant to alternative dispute resolution.
  4. Legal issues in alternative dispute resolution.

Learning Experience

ON-CAMPUS

Students will attend on campus classes as well as engage in learning activities through ECUs LMS

JoondalupMount LawleySouth West (Bunbury)
Summer9 x 3 hour seminarNot OfferedNot Offered

For more information see the Semester Timetable

ONLINE

Students will engage in learning experiences through ECUs LMS as well as additional ECU l

Additional Learning Experience Information

This unit will be offered in the on-campus intensive mode and online mode. Active participation during seminars is a requirement. Online students will access the program via Blackboard. Online access is required.

Assessment

GS1 GRADING SCHEMA 1 Used for standard coursework units

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 School Progression Panel.

ON CAMPUS
TypeDescriptionValue
JournalReflective Journal60%
ExerciseLetter Writing Exercise30%
ParticipationTutorial Participation10%
ONLINE
TypeDescriptionValue
JournalReflective journal60%
ExerciseLetter Writing Exercise30%
ParticipationTutorial Participation10%

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 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 Access and Inclusion website.

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.

LAW3105|1|2