LEGAL306-23B (TGA)

Dispute Resolution

15 Points

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The University of Waikato
Academic Divisions
Division of Arts Law Psychology & Social Sciences
Te Piringa Faculty of Law Office
Te Piringa Faculty of Law

Staff

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Convenor(s)

Lecturer(s)

Administrator(s)

Placement/WIL Coordinator(s)

Tutor(s)

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

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  • Calling +64 7 838 4466 select option 1, then enter the extension.
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What this paper is about

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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, adjudication.
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How this paper will be taught

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This is a B Trimester paper. The teaching component comprises one (1) two hour lecture per week.

Selected lectures will be presented live in Hamilton and Tauranga (i.e. some lectures will be presented in Hamilton and some lectures will be presented in Tauranga).

Students enrolled in 400 or 500 level Law papers via the Tauranga Campus may attend Lectures either in person by taking advantage of the Kaimai Express, the free inter campus (Tauranga-Hamilton) university shuttle service, or online via Panopto in the same way that Lectures at other levels can be viewed.

In addition, there will be two weeks, commencing in Week 3, in which students must attend a two hour Workshop. The Weeks of the workshops are:

Workshop 1: negotiation - Week 3

Workshop 2: negotiation - Week 4

Details of the Workshop streams that students can sign up for are given below and the dates and times of specific Workshops are set out in the weekly schedule of activities that can be accessed via the online timetable for this paper.

This paper has been designated as a work-integrated learning paper 'WIL'. To satisfy University requirements for a WIL paper the paper must include a practical component. The practical components for this paper are the negotiation workshops and negotiation assessment. As students will appreciate, it is preferable for students to attend the negotiation workshops and negotiation assessments in person. Accordingly, there is reasonable flexibility with the availability of the workshops and a wide range of times including after hours will be made for the negotiation assessment. Zoom negotiation workshops will be available. Arrangements will be made for students unable to participate in face-to-face negotiation assessments to complete the assessment online.

Your teacher will provide more detail about the sign-up process in class. If you have any queries concerning the sign-up process for the negotiation workshops and practical negotiation assessments, please contact your Lecturer.

Please Note: If your workshop should fall on a public holiday – you need to make arrangements to attend another workshop for that week. The times and location of all of the workshops are set out above. Please make sure you check online timetabling (https://timetable.waikato.ac.nz/) and check your Moodle announcement in case of workshop changes, as course outlines do not update once they are published.

There will also be additional hours allocated for the practical negotiation assessment. You will need to sign up for one 90 minute slot for the negotiation assessment and the sign-ups will occur via Moodle. You will receive a Moodle notification when each sign-up.

Because the practical negotiation exercise assessment requires a partner, it is recommended that you go to the same workshop as your assessment partner so that you can practice skills together. This is not a compulsory requirement.

Te Piringa Faculty of Law places great emphasis on providing students with opportunities for high achievement in law papers. Workshops allow students to learn effectively in small groups. Attendance is therefore required for satisfactory completion of the paper. An understanding and practice of topics and materials discussed in workshops is essential for success in the practical assessments of negotiation as well as for the test.

A record will be kept of student attendance at workshops. Workshop attendance will be a factor taken into consideration in the event that the student is required to apply for re-entry.

Student Consultation Hours:

Our teaching team is always on hand to assist you during the delivery of this paper. Their weekly office hours are as follows:

Dr Anna Marie Brennan (Paper Convenor): Tuesdays from 12pm to 2pm

Ms Sue Wardill and Ms Katrina Werahiko: Mondays from 3pm to 5pm


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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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You will need to have

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NB There are no required readings for this course, but the below highly recommended and recommended readings will help you to improve your performance in your practical assessments and end of year test, should you choose to read them. 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

Peter Spiller (ed) Dispute Resolution in New Zealand (2nd ed)(Oxford University Press, Auckland, 2007).

Recommended Reading

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

Further readings may be provided on the Waikato Reading List for the paper and the paper’s Moodle site. Any such material, and all lecture 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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Learning Outcomes

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Students who successfully complete the course should be able to:

  • Assess and problem solve in a practical legal context
    Linked to the following assessments:
  • Demonstrate an understanding of the Māori dispute resolution processes
    Linked to the following assessments:
  • Demonstrate an understanding of the practical skills in negotiation
    Linked to the following assessments:
  • Demonstrate an understanding of the wide range of processes available to resolve legal disputes
    Linked to the following assessments:
  • Show an understanding of the theoretical dimensions of dispute resolution processes
    Linked to the following assessments:
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Assessments

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How you will be assessed

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For the practical negotiation assessment, 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 the negotiation assessment you may do so by bringing your own recording device, provided that 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 of 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.

The internal assessment/exam ratio (as stated in the University Calendar) is 100:0. There is no final exam.

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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. Negotiation File Note
7 Aug 2023
No set time
20
2. Negotiation
7 Aug 2023
No set time
30
3. Online Mediation Test
11 Sep 2023
12:00 PM
20
4. Final Online Test
13 Oct 2023
12:00 PM
30
Assessment Total:     100    
Failing to complete a compulsory assessment component of a paper will result in an IC grade
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