Overview
Alternative Dispute Resolution (ADR) examines the theory and application of procedures for the resolution of disputes as an alternative to a judicial process. In this unit you will examine ADR methods such as negotiation, mediation, conciliation and arbitration and theoretical developments such as Collaborative Law. You will develop basic skills in listening, negotiation and mediation. You will also explore how to design ADR approaches suitable to help resolve client disputes, quickly, at minimal cost and consistent with the principles of access to justice.
Details
Pre-requisites or Co-requisites
Co-requisite: LAWS11057 Introduction to Law.
Important note: Students enrolled in a subsequent unit who failed their pre-requisite unit, should drop the subsequent unit before the census date or within 10 working days of Fail grade notification. Students who do not drop the unit in this timeframe cannot later drop the unit without academic and financial liability. See details in the Assessment Policy and Procedure (Higher Education Coursework).
Offerings For Term 1 - 2026
Attendance Requirements
All on-campus students are expected to attend scheduled classes - in some units, these classes are identified as a mandatory (pass/fail) component and attendance is compulsory. International students, on a student visa, must maintain a full time study load and meet both attendance and academic progress requirements in each study period (satisfactory attendance for International students is defined as maintaining at least an 80% attendance record).
Recommended Student Time Commitment
Each 6-credit Undergraduate unit at CQUniversity requires an overall time commitment of an average of 12.5 hours of study per week, making a total of 150 hours for the unit.
Class Timetable
Assessment Overview
Assessment Grading
This is a graded unit: your overall grade will be calculated from the marks or grades for each assessment task, based on the relative weightings shown in the table above. You must obtain an overall mark for the unit of at least 50%, or an overall grade of 'pass' in order to pass the unit. If any 'pass/fail' tasks are shown in the table above they must also be completed successfully ('pass' grade). You must also meet any minimum mark requirements specified for a particular assessment task, as detailed in the 'assessment task' section (note that in some instances, the minimum mark for a task may be greater than 50%). Consult the University's Grades and Results Policy for more details of interim results and final grades.
All University policies are available on the CQUniversity Policy site.
You may wish to view these policies:
- Grades and Results Policy
- Assessment Policy and Procedure (Higher Education Coursework)
- Review of Grade Procedure
- Student Academic Integrity Policy and Procedure
- Monitoring Academic Progress (MAP) Policy and Procedure - Domestic Students
- Monitoring Academic Progress (MAP) Policy and Procedure - International Students
- Student Refund and Credit Balance Policy and Procedure
- Student Feedback - Compliments and Complaints Policy and Procedure
- Information and Communications Technology Acceptable Use Policy and Procedure
This list is not an exhaustive list of all University policies. The full list of University policies are available on the CQUniversity Policy site.
Feedback, Recommendations and Responses
Every unit is reviewed for enhancement each year. At the most recent review, the following staff and student feedback items were identified and recommendations were made.
Feedback from Workshop comments
Most students found the family law practitioner Q&A informative and interesting.
The 2026 unit offering should continue to have professional Q&A sessions.
Feedback from Workshop comments
Most students enjoyed the 'open mic' part of each workshop because it allowed them to discuss their past personal experiences with ADR.
The 2026 unit offering should continue to have an 'open mic' ADR discussion in workshops.
Feedback from Student surveys
Some students found the final exam novel and interesting, while others found it challenging due to time constraints.
The 2026 unit offering will replace the time-based final exam with two practical assessments.
- Discuss the range and operation of Alternative Dispute Resolution (ADR) methods and their relationship with litigation
- Demonstrate skills in listening, negotiation, and mediation together with the ability to design ADR processes and drafting appropriate documents to support an ethical dispute resolution design
- Outline the basic theoretical principles of dispute resolution systems and research, critique, and evaluate the ADR literature on managing conflict.
- Discuss the ADR processes of International Commercial Arbitration or Australian First Nations People.
Alignment of Assessment Tasks to Learning Outcomes
| Assessment Tasks | Learning Outcomes | |||
|---|---|---|---|---|
| 1 | 2 | 3 | 4 | |
| 1 - Practical Assessment - 40% | ||||
| 2 - Reflective Practice Assignment - 60% | ||||
Alignment of Graduate Attributes to Learning Outcomes
| Graduate Attributes | Learning Outcomes | |||
|---|---|---|---|---|
| 1 | 2 | 3 | 4 | |
| 1 - Communication | ||||
| 2 - Problem Solving | ||||
| 3 - Critical Thinking | ||||
| 4 - Information Literacy | ||||
| 5 - Team Work | ||||
| 6 - Information Technology Competence | ||||
| 7 - Cross Cultural Competence | ||||
| 8 - Ethical practice | ||||
| 9 - Social Innovation | ||||
| 10 - First Nations Knowledges | ||||
| 11 - Aboriginal and Torres Strait Islander Cultures | ||||
Textbooks
Principles of Dispute Resolution
4th edition (2024)
Authors: David Spencer
Thomson Reuters
Pyrmont Pyrmont , NSW , Australia
ISBN: 978-0455248387 (e-book)
Print ISBN: 978-0455248370
Print ISBN: 978-0455248370
IT Resources
- CQUniversity Student Email
- Internet
- Unit Website (Moodle)
- Zoom access: microphone and webcam required
No referencing style set.
d.lococo2@cqu.edu.au
Module/Topic
Introduction to Alternative Dispute Resolution
Chapter
David Spencer, Principles of Dispute Resolution (Thomson Reuters, 4th ed, 2024) - Chapter 1
Events and Submissions/Topic
Module/Topic
Conflict
Chapter
David Spencer, Principles of Dispute Resolution (Thomson Reuters, 4th ed, 2024)
o ‘Understanding Conflict’ [1.20] – [1.70]; and
o ‘Communication Skills' [2.40]- [2.100].
Events and Submissions/Topic
Module/Topic
Negotiation
Chapter
David Spencer, Principles of Dispute Resolution (Thomson Reuters, 4th ed, 2024) - Chapter 2
Events and Submissions/Topic
Module/Topic
Conciliation
Chapter
David Spencer, Principles of Dispute Resolution (Thomson Reuters, 4th ed. 2024) [5:80] – [5:90].
Events and Submissions/Topic
Module/Topic
Mediation
Chapter
David Spencer, Principles of Dispute Resolution (Thomson Reuters, 4th ed, 2024) - Chapter 3
Events and Submissions/Topic
Module/Topic
Arbitration
Chapter
David Spencer, Principles of Dispute Resolution (Thomson Reuters, 4th ed, 2024) - Chapter 4
Events and Submissions/Topic
Module/Topic
Break Week
Chapter
Events and Submissions/Topic
Module/Topic
Other Dispute Resolution Processes
Chapter
David Spencer, Principles of Dispute Resolution (Thomson Reuters, 4th ed, 2024) - Chapter 5
Events and Submissions/Topic
Module/Topic
Federal and State Dispute Resolution
Chapter
David Spencer, Principles of Dispute Resolution (Thomson Reuters, 4th ed, 2024) - Chapter 7
Events and Submissions/Topic
Module/Topic
Family, Workplace, and Online Dispute Resolution
Chapter
David Spencer, Principles of Dispute Resolution (Thomson Reuters, 4th ed, 2024) - Chapter 6
Events and Submissions/Topic
Module/Topic
Legal Issues in Dispute Resolution
Chapter
David Spencer, Principles of Dispute Resolution (Thomson Reuters, 4th ed, 2024) - Chapter 8
Events and Submissions/Topic
Module/Topic
Ethical Issues in Dispute Resolution
Chapter
David Spencer, Principles of Dispute Resolution (Thomson Reuters, 4th ed, 2024) - Chapter 9
Events and Submissions/Topic
Module/Topic
The Future of Dispute Resolution
Chapter
David Spencer, Principles of Dispute Resolution (Thomson Reuters, 4th ed, 2024) - Chapter 10
Events and Submissions/Topic
Module/Topic
Chapter
Events and Submissions/Topic
Module/Topic
Chapter
Events and Submissions/Topic
1 Practical Assessment
Assessment 1: Dispute Resolution Practicum
Assessment 1 is a comprehensive, multi-phase task that requires students to prepare for, execute, and evaluate a live negotiation. This is a hurdle assessment, meaning a passing grade is mandatory to successfully complete the unit.
Students are required to submit the following suite of professional documents and media:
Negotiation Preparation Checklist: A strategic analysis defining your negotiation stance, tactical preparation, and interpersonal goals.
Negotiation Run Sheet: A detailed procedural guide tailored to your specific party to manage the flow of the session.
Recorded Live Negotiation: A digital recording of a synchronous negotiation with a peer, demonstrating active communication and problem-solving skills.
Settlement Agreement: A formal document outlining the agreed-upon terms, signed by both parties (or proposed).
Post-negotiation Debrief Form: A critical reflection on the process, identifying barriers to resolution and assessing individual skill performance.
This assessment requires students to adhere to the guidelines on the use of artificial intelligence tools as specified in the Artificial Intelligence Assessment Scale (AIAS). Any misuse or lack of disclosure regarding the use of AI tools will be
considered a breach of academic integrity. Al may be used to help complete the task, including idea generation, drafting, feedback, and refinement. Students should critically evaluate and modify the Al suggested outputs, demonstrating their understanding (level 3).
Extensions of more than 14 days are not available for this assessment. Due to the need to provide prompt feedback to students and the content of feedback provided, submissions received after the assessment has been returned to students cannot be accepted for academic integrity reasons. Students seeking extensions beyond this timeframe will be required to undertake a different version of the assessment task.
Full details of the assessment task will be provided on the Moodle site for this unit after the commencement of the term.
Week 6 Friday (17 Apr 2026) 11:45 pm AEST
Week 8 Friday (8 May 2026)
Marks and feedback will be provided via Moodle.
This assessment evaluates your capacity to:
· Identify & Reframe Issues;
· Analyse Statutory Frameworks;.
· Formulate Supportable Conclusions;
· Demonstrate Professional Communication;
· Conduct Strategic Critical Thinking;
· Maintain Technical & Ethical Rigour; and
· Reflect on Procedural Choices.
The rubric and marking criteria will be provided on Moodle after the commencement of the term.
- Discuss the range and operation of Alternative Dispute Resolution (ADR) methods and their relationship with litigation
- Demonstrate skills in listening, negotiation, and mediation together with the ability to design ADR processes and drafting appropriate documents to support an ethical dispute resolution design
- Outline the basic theoretical principles of dispute resolution systems and research, critique, and evaluate the ADR literature on managing conflict.
- Discuss the ADR processes of International Commercial Arbitration or Australian First Nations People.
2 Reflective Practice Assignment
Assessment 2: Practical Workplace Tasks
Assessment 2 is a series of practical activities designed to simulate real-world legal and dispute resolution scenarios. This assessment requires a combination of written documentation and a digital recording.
The assessment comprises six distinct tasks that require students to adopt various professional roles, such as those of a Lawyer, Conciliator, or Mediator.
Task 1: Conduct a safety and power imbalance assessment for an unfair dismissal claim involving allegations of verbal intimidation.
Task 2: Draft a court application to compel a third-party witness to provide evidence in a construction arbitration.
Task 3: Prepare a brief for an independent expert regarding concrete quality disputes in infrastructure projects.
Task 4: Draft a confidential document for the Federal Court that balances legal arguments with commercial interests.
Task 5: Organise a "run sheet" for a Fair Work Commission conciliation focusing on procedural fairness and statutory compliance.
Task 6: Record an oral presentation establishing the ground rules, impartiality, and confidentiality of a mediation session.
This assessment requires students to adhere to the guidelines on the use of artificial intelligence tools as specified in the Artificial Intelligence Assessment Scale (AIAS). Any misuse or lack of disclosure regarding the use of AI tools will be
considered a breach of academic integrity. Al may be used to help complete the task, including idea generation, drafting, feedback, and refinement. Students should critically evaluate and modify the Al suggested outputs, demonstrating their understanding (level 3).
Extensions of more than 14 days are not available for this assessment. Due to the need to provide prompt feedback to students and the content of feedback provided, submissions received after the assessment has been returned to students cannot be accepted for academic integrity reasons. Students seeking extensions beyond this timeframe will be required to undertake a different version of the assessment task.
Full details of the assessment task will be provided on the Moodle site for this unit after the commencement of the term.
Week 12 Friday (5 June 2026) 11:45 pm AEST
Marks and feedback will be provided via Moodle after the release of grades.
This assessment evaluates your capacity to:
· Identify & Reframe Issues;
· Analyse Statutory Frameworks;.
· Formulate Supportable Conclusions;
· Demonstrate Professional Communication;
· Conduct Strategic Critical Thinking;
· Maintain Technical & Ethical Rigour; and
· Reflect on Procedural Choices.
The rubric and marking criteria will be provided on Moodle after the commencement of the term.
- Demonstrate skills in listening, negotiation, and mediation together with the ability to design ADR processes and drafting appropriate documents to support an ethical dispute resolution design
- Outline the basic theoretical principles of dispute resolution systems and research, critique, and evaluate the ADR literature on managing conflict.
- Discuss the ADR processes of International Commercial Arbitration or Australian First Nations People.
As a CQUniversity student you are expected to act honestly in all aspects of your academic work.
Any assessable work undertaken or submitted for review or assessment must be your own work. Assessable work is any type of work you do to meet the assessment requirements in the unit, including draft work submitted for review and feedback and final work to be assessed.
When you use the ideas, words or data of others in your assessment, you must thoroughly and clearly acknowledge the source of this information by using the correct referencing style for your unit. Using others’ work without proper acknowledgement may be considered a form of intellectual dishonesty.
Participating honestly, respectfully, responsibly, and fairly in your university study ensures the CQUniversity qualification you earn will be valued as a true indication of your individual academic achievement and will continue to receive the respect and recognition it deserves.
As a student, you are responsible for reading and following CQUniversity’s policies, including the Student Academic Integrity Policy and Procedure. This policy sets out CQUniversity’s expectations of you to act with integrity, examples of academic integrity breaches to avoid, the processes used to address alleged breaches of academic integrity, and potential penalties.
What is a breach of academic integrity?
A breach of academic integrity includes but is not limited to plagiarism, self-plagiarism, collusion, cheating, contract cheating, and academic misconduct. The Student Academic Integrity Policy and Procedure defines what these terms mean and gives examples.
Why is academic integrity important?
A breach of academic integrity may result in one or more penalties, including suspension or even expulsion from the University. It can also have negative implications for student visas and future enrolment at CQUniversity or elsewhere. Students who engage in contract cheating also risk being blackmailed by contract cheating services.
Where can I get assistance?
For academic advice and guidance, the Academic Learning Centre (ALC) can support you in becoming confident in completing assessments with integrity and of high standard.
What can you do to act with integrity?
