Course Title: Administer alternative dispute-resolution proceedings

Part B: Course Detail

Teaching Period: Term1 2012

Course Code: JUST5183C

Course Title: Administer alternative dispute-resolution proceedings

School: 365T Global Studies, Soc Sci & Plng

Campus: City Campus

Program: C4240 - Certificate IV in Government (Court Services)

Course Contact : Lauren Weaver

Course Contact Phone: +61 3 9925 4622

Course Contact Email:lauren.weaver@rmit.edu.au


Name and Contact Details of All Other Relevant Staff

Nominal Hours: 35

Regardless of the mode of delivery, represent a guide to the relative teaching time and student effort required to successfully achieve a particular competency/module. This may include not only scheduled classes or workplace visits but also the amount of effort required to undertake, evaluate and complete all assessment requirements, including any non-classroom activities.

Pre-requisites and Co-requisites

No pre-requisite is required for this unit of competency, however this unit is part of an Industry based program, offered to trainee Court Registrars.

Course Description

This course covers the competencies required to administer alternative dispute-resolution (ADR) proceedings, including mandatory and voluntary proceedings within the court, or referral to other services. In the workplace, staff must be able to implement relevant procedures, protocols and policy relating to ADR proceedings. They must be able to provide constructive and effective assistance, information and referral to the parties undertaking the process.


National Codes, Titles, Elements and Performance Criteria

National Element Code & Title:

PSPCRT415A Administer alternative dispute-resolution proceedings

Element:

1. Arrange compliance with mandatory ADR procedures

Performance Criteria:

1.1. Explain benefits of ADR procedures and answer client's questions according to organisational policy and procedures.
1.2. Explain procedural requirements using communication appropriate to client needs.
1.3. Identify and address potential difficulties in arranging delivery of services or refer them for action.
1.4. Gain agreement to arrangements using negotiation and conflict-resolution skills.
1.5. Complete documentation according to organisational policy and procedures.

Element:

2. Refer parties to ADR procedures and services

Performance Criteria:

2.1. Assess eligibility for access to ADR services.
2.2. Identify legislative and other constraints and take into account when advising on appropriate dispute-resolution process.
2.3. Analyse the issues and the parties' willingness and capability to assess the most suitable resolution process.
2.4. Explain procedural requirements using communication appropriate to client needs.
2.5. Explain impact of ADR proceedings on case management.
 

Element:

3. Support ADR processes

Performance Criteria:

3.1. Outline and implement processes to ensure respect for client's safety and needs.
3.2. Explain client responsibility and contribution to outcomes.
3.3. Assist client to prepare for problem solving and negotiation.
3.4. Confirm client's understanding of the process.
3.5. Explain privacy and confidentiality requirements of proceedings.


Learning Outcomes


See Elements


Details of Learning Activities

ADR processes may be facilitative, advisory, determinative or, in some cases, a combination of these.

There is currently no comprehensive legislative framework for the operation of ADR in Australia. Many different laws govern the operation of ADR in the different Australian jurisdictions.  This unit facilitates understanding and exploration of the various methods of dispute resolution as applied in Victoria, and supports and resources available to the community in determining if their matter is appropriate for an alternative form of resolution without the need for the matter to be resolved in court.  Students are required to understand and identify appropriate matters for alternative dispute resolution and the process of referring court users to an alternative to courts.

In practice, ADR is promoted in the context of other generalist or specialist work activities such as upholding and supporting the public service values, providing input to change, administer legislation, applying government process, performing court duties, and delivering and monitoring services to clients.


Teaching Schedule

Students take part in one day of training in towards the end of the second semester, as well as a tour of the Neighbourhood Justice Centre, which is linked to the unit assessment tasks.

Students also complete an activity in class which relates to appropriate dispute resolutions, communicating with clients and the delivery and monitoring of services in the Victorian Public Service.


Learning Resources

Prescribed Texts


References


Other Resources

All resources for this unit can be located on the blackboard system.


Overview of Assessment

Assessments will incorporate a variety of methods including one or more of the following: written test, open book exam, case studies, class presentation, group project, role play scenarios, practical demonstrations, observations, reports, quizzes, and fieldwork assignments.



Assessment Tasks

Following the class visit the the Collingwood Neighbourhood Justice Centre, students are to prepare a report/project outline on an initiative they believe could be applied in your court or jurisdiction, related to the appropriate dispute resolution.
Where students see no room for the application of ADR initiatives in your jurisdiction, please complete a detailed report indicating why the application of ADR would not be applicable in your court or jurisdiction as a last resort.

In practice, diversity is promoted in the context of other generalist or specialist work activities such as upholding and supporting the public service values, providing input to change, contributing to policy development and implementation, delivering client services, managing contracts, etc.


Assessment Matrix

Assessment for the Certificate IV in Government (Court) Services program falls under Table 1.2 b - Nationally Recognised Training Package qualifications and State accredited courses delivered in accordance with competency-based assessment.

CA
Competency Achieved
Used where competency-based assessment applies

NYC
Not Yet Competent
Used where competency-based assessment applies – This is always a Final Grade

DNS
Did Not Submit for Assessment.

This grade is only to be used where a student enrols in a course and does not withdraw and does not participate in assessment, regardless of whether the student is of ‘confirmed’ status or not.

PRESENTATION OF WORK:
All written work must adhere to the following criteria:

1. Written reports, research projects or essays are to demonstrate an understanding of the concepts and familiarity with the prescribed or negotiated topics

2. It is expected that all submitted work will be well written, with clear and consistent grammar, expression and punctuation. It must be well structured and cogently address the issues raised in the chosen topic in a logical, ordered and organised manner

3. The concepts must be well defined and demonstrate a critical analysis of the chosen topic

4. Written submissions must demonstrate appropriate preparation, reading and research

5. Double or 1.5 spacing and a font size of 10-12 must be used in font style Aerial or Times New Roman.

Other Information

EXTENSIONS:
Extensions will not be granted by teachers or Administrative staff.
In accordance with RMIT policy, students may apply for an extension where there have been unexpected or extenuating circumstances, e.g.

a) Hospital admission, serious injury, severe asthma, severe anxiety or depression. This does not include minor illness such as a cold, period pain or hay fever.

b) Loss or bereavement – e.g. death of a close family member, family/relationship breakdown.

c) Hardship/trauma – e.g. victim of crime, sudden loss of income or employment, severe disruption to domestic arrangements.
Students requiring extensions for 7 calendar days or less (from the original due date) must complete and lodge an Application for Extension of Submittable Work (7 Calendar Days or less) form and lodge it with the Program Coordinator/ Program Manager. The application must be lodged no later than one working day before the official due date. The student will be notified within no more than 2 working days of the date of lodgment as to whether the extension has been granted.
Students seeking an extension of more than 7 calendar days (from the original due date) must lodge an Application for Special Consideration form under the provisions of the Special Consideration Policy, preferably prior to, but no later than 2 working days after the official due date.
Assignments submitted late without approval of an extension will not be accepted or graded.
Students must keep a copy of their paper until the graded essay has been returned or marks have been posted.

PLAGIARISM:

Plagiarism is the presentation of the work, idea or creation of another person, without appropriate referencing as though it is one’s own. It is a form of cheating and is a very serious academic offence that may lead to expulsion from the University. Plagiarised material can be drawn from, and presented in, written, graphic and visual form, including electronic data, and oral presentations. Plagiarism occurs when the origin of the material used is not appropriately cited.
You must acknowledge the use of another person’s work or ideas. If texts or ideas are reproduced they are to be clearly acknowledged in one of the conventional ways, such as by use of quotation marks, indentation for longer passages and clear citation of the source. Failure to separate one’s own contribution from that of another constitutes plagiarism, which may result in course failure to University expulsion.

 

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