LAW 7193 - Family Law Arbitration

North Terrace Campus - Quadmester 4 - 2021

This course is designed to provide participants with comprehensive knowledge and practical skills to develop their understanding and appreciation of dispute resolution, and the process and legislative framework of Family Law arbitration in Australia. A unique collaboration offered by the Resolution Institute and the 成人大片?s Law School, the reflective practice approach of this course allows participants to engage in a process of continual learning and to build knowledge and understanding of key concepts throughout the 5-week program. The weekly interactive online sessions and final practical workshop combine rigorous academic content with a strong practical focus to support students? understanding of family law arbitration proceedings. Assessments are focused on building skills in conducting and reflecting on a Family Law arbitration, writing arbitral awards and demonstrating an understanding the Family Law arbitration processes within a legal framework.

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Course Details

Course Code	LAW 7193
Course	Family Law Arbitration
Coordinating Unit	Adelaide Law School
Term	Quadmester 4
Level	Postgraduate Coursework
Location/s	North Terrace Campus
Units	3
Contact	Intensive
Available for Study Abroad and Exchange	N
Assumed Knowledge	LAW 7177
Assessment	Oral Presentation, reflective journal entries, and written assignment

Course Staff

Course Coordinator: Dr Gabrielle Golding

Course Timetable

The full timetable of all activities for this course can be accessed from .

Course Learning Outcomes

On successful completion of this course, students will be able to:

Identify the fundamental principles which underpin Family Law arbitration in Australia;
Apply the principles and law relevant to the arbitration of Family Law disputes to the resolution of real-world problems;
Present legal argument in relation to the arbitration of Family Law disputes; and
Undertake reflective practice relevant to Family Law arbitration.

University Graduate Attributes

This course will provide students with an opportunity to develop the Graduate Attribute(s) specified below:

University Graduate Attribute	Course Learning Outcome(s)
Deep discipline knowledge informed and infused by cutting edge research, scaffolded throughout their program of studies acquired from personal interaction with research active educators, from year 1 accredited or validated against national or international standards (for relevant programs)	1,2,3
Critical thinking and problem solving steeped in research methods and rigor based on empirical evidence and the scientific approach to knowledge development demonstrated through appropriate and relevant assessment	2,3
Teamwork and communication skills developed from, with, and via the SGDE honed through assessment and practice throughout the program of studies encouraged and valued in all aspects of learning	3
Career and leadership readiness technology savvy professional and, where relevant, fully accredited forward thinking and well informed tested and validated by work based experiences	1,2,3
Intercultural and ethical competency adept at operating in other cultures comfortable with different nationalities and social contexts able to determine and contribute to desirable social outcomes demonstrated by study abroad or with an understanding of indigenous knowledges	1
Self-awareness and emotional intelligence a capacity for self-reflection and a willingness to engage in self-appraisal open to objective and constructive feedback from supervisors and peers able to negotiate difficult social situations, defuse conflict and engage positively in purposeful debate	4

Learning Resources

Required Resources

Relevant resources will be made available to students through MyUni/Canvas.

Learning & Teaching Modes

This course will be taught through 5 x 2-hour online weekly seminars, followed by a final 8-hour online practical workshop.

Workload

The information below is provided as a guide to assist students in engaging appropriately with the course requirements.

This course comprises a total of 18 hours of interactive online classes, supported with 6 hours of additional structured learning activities that prepare participants to undertake each weekly workshop.

In addition to attending online workshops and undertaking structured learning activities, it is expected that students will also do a substantial amount of independent preparation for these activities. Students will also be required to devote time to completing course assignments.

The total time commitment for this course is estimated at 156 hours.

Learning Activities Summary

Schedule
Week 1	The legislative context for Family Law arbitration and understanding the role of the Family Law arbitrator	2-hour interactive workshop
Week 2	The arbitration process, including arbitrability and the Preliminary Conference	2-hour interactive workshop
Week 3	Conduct of hearings, introduction to evidence issues including expert evidence and property valuation controversies, award writing, and alternatives to hearings	2-hour interactive workshop
Week 4	Costs and remedies, including the ‘just and equitable’ requirement, the enforcement powers of the Family Courts, and reflective practice	2-hour interactive workshop
Week 5	Guest speakers, including Family Court Arbitration List Judge and a practising Family Law arbitrator, who will discuss how to build an arbitration practice, and provide practical tips for preparing a client’s case for and/or conducting a successful arbitration	2-hour interactive workshop
Final workshop	A full-day workshop focussing on a practical case study and role play coordinated by Resolution Institute practitioners

The University's policy on Assessment for Coursework Programs is based on the following four principles:

Assessment must encourage and reinforce learning.
Assessment must enable robust and fair judgements about student performance.
Assessment practices must be fair and equitable to students and give them the opportunity to demonstrate what they have learned.
Assessment must maintain academic standards.

Assessment Summary

Assessment Task	Task Type	Weighting	Length	Due	Learning Outcomes
Oral Presentation	Individual, summative	20%	5 minutes (recorded and uploaded)	Week 5	1,2,3
Participation in the Final Workshop	Individual, summative	10%	N/A	Date of the Final Workshop	3
Reflective Journal Entries (2)	Individual, summative	20%	2 x 500 words	The first in Week 5 and the second within 1 week of the Final Workshop	1,2,4
Written Assignment – Arbitral Award	Individual, summative	50%	3,000 words	Within 3 weeks of the Final Workshop	1,2

Assessment Detail

1. Recorded oral presentation – presenting a five-minute oral presentation on a topic covered between Weeks 1 to 4

2. Two reflective journal entries – preparing two 500-word reflective journal entries with one to be submitted prior to, and the other to be submitted after completion of, the Final Workshop

3. Written assignment – writing a complete arbitral award, expressing a sufficient statement of facts, findings and reasons to demonstrate an understanding of the desirable form and content of an award. To be submitted after the Final Workshop

Submission

All assessment is to be submitted online through MyUni/Canvas.

Course Grading

Grades for your performance in this course will be awarded in accordance with the following scheme:

M10 (Coursework Mark Scheme)
Grade	Mark	Description
FNS		Fail No Submission
F	1-49	Fail
P	50-64	Pass
C	65-74	Credit
D	75-84	Distinction
HD	85-100	High Distinction
CN		Continuing
NFE		No Formal Examination
RP		Result Pending

Further details of the grades/results can be obtained from Examinations.

Grade Descriptors are available which provide a general guide to the standard of work that is expected at each grade level. More information at Assessment for Coursework Programs.

Final results for this course will be made available through .

Finality of Assessment Grades

Students are advised that Course Coordinators will not enter into negotiations of any kind with any student regarding changes to their grades. It is irrelevant, in any given circumstance, that only a minimal number of additional marks are required to inflate a student’s grade for any individual assessment item or course as a whole. Pursuant to the University’s Assessment for Coursework Programs Policyand the Adelaide Law School Assessment Policies and Procedures, grades may only be varied through the appropriate channels for academic review (such as an official re-mark).

Moderation

In accordance with the University’s Assessment for Coursework Programs Policy, course coordinators ‘ensure that appropriate marking guidelines and cross-marking moderation processes across markers are in place’ in each course. Procedures adopted by Adelaide Law School to ensure consistency of marking in courses with multiple markers include:

assurance of the qualifications of markers, and their knowledge of the content covered in each course;
detailed marking guidelines and assessment rubrics to assist in the marking of items of assessment;
sharing of example marked assessments at various grade bands across markers;
reviewing of selected marked assessments from each marker by the course coordinator;
comparison of the marks and their distribution across markers;
automatic double-marking of all interim assessment receiving a fail grade, and of final assessments where a student’s overall result is a fail grade;
the availability of re-marking of assessments in accordance with Adelaide Law School’s Assessment Policies and Procedures.

Approval of Results by Board of Examiners

Students are reminded that all assessment results are subject to approval (and possible moderation/change) by the Law School’s Board of Examiners. Assessment results at the University are not scaled. Under the Assessment for Coursework Programs Policy, students are assessed ‘by reference to their performance against pre-determined criteria and standards … and not by ranking against the performance of the student cohort in the course’. However, under that same policy, the Board of Examiners (as the relevant Assessment Review Committee for courses at Adelaide Law School) is required to ‘ensure comparability of standards and consistency’ in assessment. On occasions, the Board of Examiners will form the view that some moderation is required to ensure the comparability of standards and consistency across courses and years, and accordingly provide fairness to all law students. All assessment results are therefore subject to approval (and possible change) until confirmed by the Board of Examiners and posted on Access Adelaide at the end of each semester.

Student Feedback

The University places a high priority on approaches to learning and teaching that enhance the student experience. Feedback is sought from students in a variety of ways including on-going engagement with staff, the use of online discussion boards and the use of Student Experience of Learning and Teaching (SELT) surveys as well as GOS surveys and Program reviews.

SELTs are an important source of information to inform individual teaching practice, decisions about teaching duties, and course and program curriculum design. They enable the University to assess how effectively its learning environments and teaching practices facilitate student engagement and learning outcomes. Under the current SELT Policy (http://www.adelaide.edu.au/policies/101/) course SELTs are mandated and must be conducted at the conclusion of each term/semester/trimester for every course offering. Feedback on issues raised through course SELT surveys is made available to enrolled students through various resources (e.g. MyUni). In addition aggregated course SELT data is available.

The course is constantly being updated and revised to reflect the evolution of the law, to respond to student feedback, and to engage with the latest teaching practices. Student feedback is collected each time the course is run, including through SELT reports. Previous SELT reports, and staff feedback on them, are posted on the course MyUni site for students to view and consider.
Student Support
The provides academic learning and language development services and resources for local, international, undergraduate and postgraduate coursework students enrolled at the 成人大片.

The centre offers practical advice and strategies for students to master reading, writing, note-taking, time management, oral presentation skills, referencing techniques and exam preparation for success at university through seminars, workshops and individual consultations.

Lex Salus Program
Lex Salus (law and wellbeing) is an initiative of the Adelaide Law School aimed at destigmatising mental health issues; promoting physical, mental and emotional wellness; building a strong community of staff and students; and celebrating diversity within the school. It also seeks to promote wellness within the legal profession, through the involvement of the Chief Justice of the Supreme Court of South Australia, the Honourable Chris Kourakis, as the official Patron of the program.

Students can participate in the Lex Salus program by attending barbecue lunches, pancake breakfasts, knitting and crochet circles, seminars, guest speakers, conferences and other activities. Our , and regular all-student emails promote upcoming events, and have tips and information on wellness.

Our Lex Salus YouTube channel also includes videos on topics like managing stress, and interviews with LGBTQ lawyers and their supporters which celebrate diversity and individuality. Students who commit to 10 hours of volunteering with Lex Salus in one year can have their service recognised on their academic transcript and through a thank you morning tea with the Chief Justice and law school staff.

Student Life Counselling Support
The University’s service provides free and confidential service to all enrolled students. We encourage you to contact the Student Life Counselling Support service on 8313 5663 to make an appointment to deal with any issues that may be affecting your study and life.
Policies & Guidelines
This section contains links to relevant assessment-related policies and guidelines - all university policies.
Academic Integrity
All students must be familiar with the University’s Academic Integrity Policy. Academic Misconduct is a serious matter and is treated as such by the Law School and the University. Academic Misconduct (which goes beyond plagiarism) can be a ground for a refusal by the Supreme Court of South Australia to admit a person to practice as a legal practitioner in South Australia. Academic Integrity is an essential aspect of ethical and honest behaviour, which is central to the practice of the law and an understanding of what it is to be a lawyer.
Fraud Awareness

Students are reminded that in order to maintain the academic integrity of all programs and courses, the university has a zero-tolerance approach to students offering money or significant value goods or services to any staff member who is involved in their teaching or assessment. Students offering lecturers or tutors or professional staff anything more than a small token of appreciation is totally unacceptable, in any circumstances. Staff members are obliged to report all such incidents to their supervisor/manager, who will refer them for action under the university's student鈥檚 disciplinary procedures.

The 成人大片 is committed to regular reviews of the courses and programs it offers to students. The 成人大片 therefore reserves the right to discontinue or vary programs and courses without notice. Please read the important information contained in the disclaimer.

Authorised by:	Deputy Vice-Chancellor and Vice-President (Academic)
Maintained by:	Course Outlines Administrator

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