LEGAL306-20D (HAM)

Dispute Resolution

15 Points

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Division of Arts Law Psychology & Social Sciences
Te Piringa - Faculty of Law

Staff

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Convenor(s)

Lecturer(s)

Administrator(s)

Placement/WIL Coordinator(s)

Tutor(s)

Student Representative(s)

Lab Technician(s)

Librarian(s)

: carolyne.taylor@waikato.ac.nz
: em.pooley@waikato.ac.nz

You can contact staff by:

  • Calling +64 7 838 4466 select option 1, then enter the extension.
  • Extensions starting with 4, 5, 9 or 3 can also be direct dialled:
    • For extensions starting with 4: dial +64 7 838 extension.
    • For extensions starting with 5: dial +64 7 858 extension.
    • For extensions starting with 9: dial +64 7 837 extension.
    • For extensions starting with 3: dial +64 7 2620 + the last 3 digits of the extension e.g. 3123 = +64 7 262 0123.
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Paper Description

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An introduction to current and developing dispute resolution techniques. Students are exposed to the theory, general principles and practical dimensions and application of client interviewing, negotiation, mediation, arbitration, advocacy, adjudication and witness examination.
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Paper Structure

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This is a full year course. The teaching component comprises one (1) two hour lecture per week in Semester A and B. In addition there will be six weeks, commencing in Week 2 of Semester A, in which students must attend the two hour allocated workshop. The weeks of the workshops are:

Workshop 1: Advocacy - week starting Monday 9 March 2020

Workshop 2: Advocacy - week starting Monday 16 March 2020

Workshop 3: Negotiation - week starting Monday 30 March 2020

Workshop 4: Negotiation - week starting Monday 6 April 2020

TUTORIAL : Tutorial - week starting Monday 27 July 2020 - on Mediation

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Learning Outcomes

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Students who successfully complete the course should be able to:

  • Demonstrate and instruct a mock client on some of the wide range of processes available to resolve legal disputes;
    Linked to the following assessments:
  • Demonstrate an understanding of the practical skills in client interviewing, negotiation and advocacy;
    Linked to the following assessments:
  • Assess and problem solve in a practical legal context;
    Linked to the following assessments:
  • Show an understanding of the theoretical dimensions of dispute resolution processes;
    Linked to the following assessments:
  • Demonstrate an understanding of the Maori dispute resolution processes.
    Linked to the following assessments:
  • Practically demonstrate an understanding of the application of dispute resolution process in legal practice
    Linked to the following assessments:
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Assessment

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For the practical assessments of Client Interviewing, Negotiation and Advocacy, students must sign up prior to the commencement of the particular assessment. Students who do not sign up by the required date may forfeit their mark for that assessment. Sign up instructions will be provided at the lecture and by notice uploaded to Moodle.

If you wish to record any of the above practical assessments, you may do so by bringing your own recording device provided you obtain the consent of the other students participating in the assessment. For the purposes of a review of mark, you must be able to provide evidence as to the time, date and place of the recording you are submitting. It will not be possible to conduct a review of any practical assessment unless it has been recorded and such evidence is provided.

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Assessment Components

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The internal assessment/exam ratio (as stated in the University Calendar) is 100:0. There is no final exam. The final exam makes up 0% of the overall mark.

The internal assessment/exam ratio (as stated in the University Calendar) is 100:0 or 0:0, whichever is more favourable for the student. The final exam makes up either 0% or 0% of the overall mark.

Component DescriptionDue Date TimePercentage of overall markSubmission MethodCompulsory
1. ADVOCACY (mooting)
25
  • Hand-in: Assignment Box (Law Reception)
2. NEGOTIATION
25
  • Online: Submit through Moodle
3. ONLINE TEST - Mediation
18 Aug 2020
4:00 PM
16
  • Online: Submit through Moodle
4. END OF YEAR ONLINE TEST
13 Oct 2020
3:00 PM
34
  • Online: Submit through Moodle
Assessment Total:     100    
Failing to complete a compulsory assessment component of a paper will result in an IC grade
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Required and Recommended Readings

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Required Readings

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All law students are required to purchase, for use in all law papers, a copy of Coppard, McLay, Murray and Orpin-Dowell, New Zealand Law Style Guide, 3rd edition, Thomson Reuters (2018). This is available from Bennetts, at an approximate price of $37 including GST.

NB The New Zealand Law Style Guide has launched a blog which you can visit here: http://nzlawstyleguide.wordpress.com/. The blog is run by the Style Guide’s editorial team. It aims to provide posts that are helpful for Style Guide users. It will include news and updates as well as clarifications, corrections and examples. The blog includes a form to submit for topics and questions. Access to the Style Guide is available through the link via the contents page and/or the index.

You can also follow the Style Guide on Twitter: @nzlawstyleguide.

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Recommended Readings

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NB There are no required readings for this course, but the below highly recommended readings will help you gain a significant edge in your practical assessments and end of year test, should you choose to read them. The bolded reading (Getting to Yes) has been particularly helpful to previous national and international competition winners in Negotiation, so if you are struggling with that topic, please consider picking this book up.

Highly Recommended Reading

  1. Peter Spiller (ed) Dispute Resolution in New Zealand (2nd ed)(Oxford University Press, Auckland, 2007)
  2. Ray Fells Effective Negotiation from research to results (3rd ed Cambridge University Press, Melbourne, 2016)
  3. L Boulle, V. Goldblatt & P. Green Mediation Skills and Strategies (LexisNexis, Wellington, 2015)
  4. Fisher, R. Ury, W. & Patton, B. Getting to Yes: Negotiating an agreement without giving in (3rd ed) (Penguin Group, USA, 2011)
  5. Sir Bruce Robertson (Ed) Introduction to Advocacy (3rd ed New Zealand Law Society, Wellington, 2014)
  6. Phillip Green (ed) Green & Hunt on Arbitration Law & Practice (looseleaf ed)(Thomson Brookers, Wellington, 2006)
  7. Arbitration Act 1996

Recommended Reading

Further material may be provided on the paper site on Moodle (http://elearn.waikato.ac.nz), the University of Waikato’s online learning system. Any such material is provided on the following terms:

University of Waikato owns the intellectual property rights, including copyright, in and to this site, or has acquired the necessary licenses to display the material on the site. As a student of the Te Piringa Faculty of Law, you are granted a limited license to use (access, display or print a single copy) the material from the papers in which you are enrolled for the purposes of participating in the paper only, provided the information is not modified. Materials may not under any circumstances be copied, stored, distributed or provided in any form or method whatsoever to any third party. Any other use of the material is prohibited. None of the material may be otherwise reproduced, reformatted, republished or re-disseminated in any manner or form without the prior written consent of University of Waikato. To obtain such consent, please contact the Te Piringa Faculty of Law.

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Other Resources

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Other resources are provided via Moodle and handouts.
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Online Support

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Online support for this paper is provided via Moodle.

If you require assistance with Moodle, or encounter any problems, please contact the Help Desk. You can send a message to Help Desk by using the instant message service in your paper (from the participants list within the People block). Alternatively, you can email them directly at help@waikato.ac.nz or call 838 4008.

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Workload

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Students should expect to spend 150 hours in total on this paper. In addition to lecture and workshop attendance, significant time will need to be spent on background and complementary reading. Students should allow for periods of more-focused preparation and practice time prior to undergoing the practical assessments and test.

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Linkages to Other Papers

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Pre-requisite for LAWS.449 – Mediation: Law Principles and Practice

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Prerequisite(s)

Corequisite(s)

Equivalent(s)

Restriction(s)

Restricted papers: LAWS306

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