153.200 Introduction to Dispute Resolution 代写
School of Management
School of Management
Dispute Resolution Centre
153.200
Introduction to Dispute
Resolution
15 credits
Course Material
Semester 1, 2017
Manawatu Campus
Distance Learning
Paper Co-ordinator
Myles Stilwell
Acknowledgement
To all my predecessors and colleagues in the
Dispute Resolution Centre for their assistance with this paper and its delivery.
This material is protected by copyright and has been copied by and solely for the educational purposes of the
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http://copyright.massey.ac.nz/cll.html#copywarn
Paper Guide
Paper Guide i
Contents
page
Welcome – Getting Started ................................................................................... 1
Paper Coordinator.................................................................................................. 3
The Paper .............................................................................................................. 6
Aim ............................................................................................................... 6
Prescription ................................................................................................... 6
Prerequisite(s) ............................................................................................... 6
Learning Outcomes ...................................................................................... 6
Structure and Approaches to Study .............................................................. 7
Your Study Programme................................................................................. 8
Contact Course ............................................................................................10
Stream - Your Online Learning Environment ................................................12
Live Video Sessions .....................................................................................12
Textbooks and Recommended Reading ......................................................13
Recommended Reading ..............................................................................14
Internet Links ...............................................................................................14
Assessment .........................................................................................................15
Assignments ................................................................................................15
Assignment One ..........................................................................................19
Assignment Two ..........................................................................................22
Assignment Submission ..............................................................................23
Referencing .................................................................................................23
Copyright Regulations ..................................................................................23
Academic Dishonesty/Cheating ...................................................................24
Plagiarism ....................................................................................................24
Extensions and Late Assignments ...............................................................27
Assignment Marking Guide .........................................................................27
Paper Evaluation – MOST Surveys ..............................................................30
Appendix 1: Massey University Library ...............................................................33
Appendix 2: Supporting Your Learning at Massey University ...............................37
Appendix 3: Feeling overwhelmed? ....................................................................41
ii Paper Guide
Paper Guide 1
Welcome – Getting Started
This Paper Guide provides essential information for this paper. It sets out
expectations and recommendations regarding assignments, reading
and assessment of your work. Please read this section thoroughly
prior to commencing the course work.
A goal of our programme is to help you to become informed, professional
practitioners; whether mediators, arbitrators, negotiators or advocates; with the
ability to apply a range of theories and techniques appropriately. To this end,
wide reading is expected, evidence of which should be demonstrated, where
appropriate, in your assignments.
The Graduate Diploma in Business Studies (endorsed Dispute Resolution) has
been offered by Massey University since 1993. The programme was developed
to provide students with a good grounding in dispute resolution and to provide
the educational background needed for those wishing to become graded
members of the Arbitrators’ and Mediators’ Institute of New Zealand Inc.
This is the first paper in our programme of study for the Graduate Diploma, or you
may be taking it as an elective as part of another course of study. It is one of
four papers (along with 153.202, 330 and 314) required for Associate
Level Membership of AMINZ.
Feedback in the past indicates that students enjoy this paper for the new
learnings that occur around relatively common events or circumstances and
which are then able to be applied in day to day practice.
The course consists of two assignments worth 20% each and a final exam
worth 60%. There is a Contact Course for distance students which is
not compulsory, but is highly recommended. This is fairly interactive and
gives you an opportunity to seek answers to your questions, and meet some
of your colleagues. Block course students are required to attend on the Block
Course dates in Albany.
Otherwise, the main forum for dialogue is to be “Stream”. I will check Stream
regularly . Rather than email me individually, please use Stream, to
enable sharing with others of your questions and discussion.
Remember, there are no silly questions (although it does help if you read
this guide).
2 Paper Guide
Y ou can safely assume that there are colleagues of yours sharing the
same queries or doubts that you are raising. I encourage dialogue on Stream,
and will get involved myself if it seems useful or necessary, but otherwise
will let the dialogue flow between you as students.
I am also offering fortnightly live video sessions, at which I will run through some
course material and be available for your questions. These sessions are an
opportunity for you to meet me (at least on a screen). You find more information
on how to participate in those sessions on Stream.
What you should do now is read through this Guide thoroughly, and then scan
through each page of the remaining study guide. This will give you a useful
overview of the paper. Then read through “Getting to Yes”. This is an excellent
introduction to the general “feel” of alternative dispute resolution and will set you
up well for further exploration in the main text “Dispute Resolution in New
Zealand”.
Our commitment is to provide a quality learning experience; however, the
responsibility for your learning is yours. The material provided will enable you to
be successful if you are self-directed and motivated and prepared to take
initiative. You are encouraged to contact your paper co-ordinator if you have any
questions or concerns.
Welcome aboard and I hope you enjoy the paper.
Myles Stilwell
Paper Coordinator
Paper Guide 3
Paper Coordinator
I am a Lecturer in Massey University’s Dispute Resolution Centre.
My initial working background after graduation was with the Canterbury Clerical
Workers Union. I subsequently joined the Probation Service and worked as a
Probation Officer and in managment roles.
My interests are in the practical application of dispute resolution principles,
workplace issues, and interest-based negotiation. I am a mediator and
Proctor on campus.
Outside my working life, I enjoy a lifestyle block, reading, motorcycling and
mountainbiking.
Contact Information
Phone:
Email:
Postal address:
Office:
(06) 356 9099 extn 83227
m.f.stilwell @massey.ac.nz
School of Management
Massey University
Private Bag 11 222
Manawatu Box Lobby
Palmerston North 4442
New Zealand
Business Studies West, Room 1.13
4 Paper Guide
School of Management Office
Phone: (06) 356 9099 extn 2361
Fax: (06) 350 5661
Website: http://management.massey.ac.nz
Location: BSC2.12, Business Studies Central
Manawatu Campus
Massey University
Tennent Drive
Palmerston North 4474
Postal address: School of Management
Massey University
Private Bag 11 222
Manawatu Box Lobby
Palmerston North 4442
New Zealand
School of Management Academic Administrators
If you would like to discuss your programme or paper selection, please contact:
Frieder Lempp 06 356 9099 extn 84922
Myles Stilwell 06 356 9099 extn 83227
Massey University National Contact Centre
Most matters (such as study materials, contact course registration, exam
information or change of address) should be addressed to the National
Contact Centre.
Paper Guide 5
Please contact the National Contact Centre if you change your address –
otherwise you will not receive important information, including marked
assignments.
Phone: 0800 MASSEY (0800 627 739)
Phone (from outside NZ): +64 6 350 5701
Facsimile: (06) 350 5618
Text: 5222
Email: contact@massey.ac.nz
Internet Chat: chat.massey.ac.nz
Quick Reference
Here are some common issues or queries, and who to contact in each case:
ISSUE OR QUERY WHO TO CONTACT
Change of name or address National Contact Centre
Missing or incomplete postings National Contact Centre
Missing or lost assignments National Contact Centre
Contact Course enquiries National Contact Centre
What papers should I take next? Frieder Lempp or Myles Stilwell
I’ll be overseas during final exam National Contact Centre
I think I should withdraw Paper Coordinator
I am going to withdraw National Contact Centre
Personal matters impacting on study Paper Coordinator
I don’t understand the assignment Paper Coordinator
I think my grade is incorrect Paper Coordinator
6 Paper Guide
The Paper
Aim
To introduce the student to the spectrum of dispute resolution options, so that a
level of understanding is gained as to which is the most appropriate option for a
particular negotiation or dispute situation.
Prescription
An introduction to the modes of dispute resolution including negotiation,
mediation and arbitration and the relevant law.
Prerequisite(s)
Any 100 level paper.
Learning Outcomes
On successful completion of this paper you should be able to:
1. Compare the characteristics of different modes of dispute resolution.
2. Explain and evaluate the fundamentals of negotiation and mediation
processes.
3. Explain and evaluate the fundamentals of the process of arbitration and
adjudication.
4. Demonstrate an understanding of how dispute resolution theory informs
practice.
The more specific knowledge for people intending to practice negotiation,
mediation or arbitration are taught in the other dispute resolution papers outlined
in the Dispute Resolution Handbook which can be downloaded from Stream.
Paper Guide 7
Structure and Approaches to Study
This paper is a single semester paper, worth 15 credits. The credits are related
to the amount of time that should be spent on study each week. In this case,
you should spend approximately 15 hours per week. However, we recognise
that each of you is different, and you come to study with a variety of life and
academic experience and have a variety of commitments in addition to study. So
this is a guide only, and each of you will need to find the pattern and level of
study that works for you.
The key to success is to work consistently from the beginning of the course, and
not to use the due dates for assignments alone as the incentive to start your
study. Working consistently through will ensure that you do not find yourself too
committed as the exam approaches. Consistent application will also increase
your overall understanding, as you have the time to reflect and synthesise your
knowledge, and it will develop your critical thinking skills.
The set text is your primary resource. The study guide contains additional
readings that will help you to explore further the key elements of the paper. In
relation to using the resource materials, everyone will find their own ‘best’ way of
learning.
Some of you may have studied via distance learning before, and have found your
own method of learning the materials. For those of you who are new to distance
study, I suggest the following approach as useful:
1. Consider the scope of the set text and the study guide via their
respective tables of contents, and skim-read both the Set Text and the
full Study Guide, to get an overview of the course and a ‘feel’ for the
topics.
2. Then return to the beginning and work your way systematically through
each section of the set text, deciding which material is relevant to your
assignment so that you can timetable your work accordingly.
3. Then read relevant sections of the study guide, straight through.
4. Re-read sections, highlighting the main points and any definitions.
5. As you read, consider the good points and the bad points of each idea.
Critically examine the topic. Do you agree with what is written? Why / why
8 Paper Guide
not? What do other writers say? Naturally we encourage you to explore
beyond the set text and the materials provided.
6. Write a summary of each topic on a small (about a telephone message size)
or larger (A1 poster size) piece of paper. (Different things work for different
people!) Use it to check that you have all the major points on a topic, and
then keep it for final exam study - the final exam is "open book" .
7. Try to recall the definitions from memory. Check them with the materials.
8. Read th rough the Chapter or reading again.
Your Study Programme
The schedule below, which follows the internal timetable, is only a suggested
one. You may prefer to work out your own schedule, one that suits your
personal requirements. The main point is to work to some schedule so that you
don’t fall behind. You will be expected to keep in regular contact with the Stream
site.
Week One, 2 27 7 February - 6 6 March
• Familiarise yourself with the Stream website and all its content.
• Read the Introduction section of the Study Guide.
• Read R. Fisher, W. Ury & B. Patton's Getting to Yes - Negotiating and
Agreement without Giving In.
Week Two, 6 6 March - 1 12 2 March
• Read Section One (Disputes and Dispute Resolution) of the Study Guide
including all readings of that section.
• Start writing Assignment One.
Week Three, 1 13 3 March - 19 March
• Read Chapter Two (Negotiation) of P. Spiller's Dispute Resolution in
New Zealand.
• Read Section Two (Negotiation) of the Study Guide including all readings of
that section.
• Continue writing Assignment One.
Paper Guide 9
Week Four, 2 20 0 March - 2 26 6 March
• Read Chapter Three (Mediation) of P. Spiller's Dispute Resolution in
New Zealand.
• Read Section Three (Mediation) of the Study Guide including all readings of
that section.
• Continue writing Assignment One.
Week Five, 27 March - 2 2
April
• Complete and submit Assignment One (Due date: 3 April 2017).
Week Six, 3 3 April - 9 9 April
• Read Chapter Five (Arbitration) of P. Spiller's Dispute Resolution in
New Zealand.
• Watch the Digger Dispute DVD.
• Read the Arbitration Act 1996 including Schedule 1 and Schedule 2.
Week Seven, 10 April - 16 April
• Read Section Four (Arbitration) of the Study Guide including all readings of
that section.
• Continue writing Assignment Two.
Week Eight, 1 1 May – 7 7 May
• Read Chapter Four (Investigation) of P. Spiller's Dispute Resolution in
New Zealand.
• Read Section Five (Other Dispute Resolution Processes) of the Study Guide
including all readings of that section.
• Continue writing Assignment Two.
Week Nine, 8 8 May - 14 May
• Continue writing Assignment Two - due 15 May.
• Start writing Assignment Two.
Mid Semester Break 14-30th April
10 Paper Guide
Week Ten, 15 5 May - 2 21 1 May
• Complete and submit Assignment Two (Due date: 15 May 2017).
• Read Section Six (Dispute Resolution and the Legal System) of the Study
Guide including all readings of that section.
Week Eleven, 2 22 2 May - 28 8 May
• Read Chapter Seven (Dispute Resolution in a Statutory Context) of
P. Spiller's Dispute Resolution in New Zealand.
Week Twelve, 29 May - 4 4 June
• Read Chapter Six (Litigation) of P. Spiller's Dispute Resolution in New Zealand.
Exams Period, 1 12 2 June - 16 June
•
Final Exam 16th June - Check Date and Location!
Contact Course
The Contact Course for the Distance paper is scheduled for Saturday 8 - 9th April
2017 on the Manawatu Campus in Palmerston North.
It begins at 9am and goes until 5pm each day, although I recognise that some will
be leaving before 5pm Sunday and I will schedule activities accordingly.
Attendance is strongly recommended, but not compulsory. The course will
be revisiting the syllabus, with particular reference to areas that students appear
to have found challenging in the past, and those areas signalled by you as
important to cover. It will be very useful for you to have an overall awareness of
the whole course. My style tends to be fairly interactive, and so I anticipate
questions and discussion, and this will be blended with a more teaching oriented
style. Your student group will have a wide range of previous experience and this
lends itself to active and informative discussion around the subject areas.
You will have the opportunity to be exposed to other great colleagues, and
past feedback has generally been that attendance has been very worthwhile.
Continue review of full paper coverage.
Start review of full paper coverage. •
•
Paper Guide 11
I encourage you to give thought to particular aspects of the syllabus that you
would like to see addressed during the contact course, and you can advise me.
The Contact Course will provide you with a review of course content, an
opportunity to put the material you have been studying in a context through
discussion with other students and staff and an opportunity to raise questions
you may have arising from your studies. It is not a Practicum and while some of
those attending may be involved in role-playing scenarios, the course is designed
to assist understanding of the course content rather than providing skills training.
Past students have told us that attending the Contact Course has enhanced their
understanding of the topics and given them the opportunity to review difficult
issues with the teaching staff. Therefore I highly recommend that you attend.
There is no fee for the Contact Course, however, please note that you are
expected to arrange your own accommodation. Refreshments are not provided
as part of the course.
I am aware that for many of you, the cost of transport to Palmerston North and
accommodation may prevent you from attending. Any materials provided to
students or powerpoints used, will be subsequently posted on Stream.
You can register for contact courses via the following means
Email contactcourse@massey.ac.nz.
Log into https://secure.mymassey.com and click on the Online Enrolment.
link, then select the Contact Course link from the “Follow my progress”
menu.
Contact the National Contact Centre.
Please check the website below or ring the National Contact Centre prior to
booking travel as dates are subject to change.
A list of all the current Contact Courses and venue information is available from:
http://contactcourse.massey.ac.nz/
Block Course Students please note that you are required to attend the two sessions of
block courses as set out in the Block Course contents section, and should not attend the
Contact Course in Palmerston North.
12 Paper Guide
Stream - Your Online Learning Environment
This paper makes use of Stream to help create an “online learning
environment”. This will allow you to communicate and collaborate, through the
internet, with others taking the paper and with me. Access to the internet and
email is recommended.
Any feedback you can provide on the value of this service, both during the paper
informally as well as in the formal paper evaluations, would be greatly
appreciated.
The online environment helps you do well in the paper in three ways:
Increased interaction with your peers, which research has shown can have
a positive impact on learning.
Regular participation in the discussion group, which helps increase
motivation for finishing readings in a timely manner.
Increased exposure to the material, which will increase retention.
Live Video Sessions
I am offering live chat and video sessions during the course, at which I will run
through some of the course material and be available for your questions. They
are an opportunity for you to meet me (at least on a screen).
The sessions will be run through the software Adobe Connect. All that is required
from your end is a broadband internet connection. To participate, simply open the
Adobe Connect for 153.200 website, at the dates specified on the Stream site.
The link to the Adobe Connect for 153.200 website is provided on Stream.
Paper Guide 13
Textbooks and Recommended Reading
Required Textbooks
In addition to the study guide you will require the following set texts.
Set Texts
Fisher, R., Ury, W., Patton, B. (Ed.) (2011). Getting to Yes – Negotiating an
Agreement Without Giving In. 3 rd Ed., Rev, New York, Penguin.
Spiller, P. (Ed.). (2007). Dispute Resolution in New Zealand (2nd ed.). Auckland:
Oxford University Press.
The Arbitration Act 1996 (can be downloaded from the New Zealand Legislation
website);
The Digger Dispute, Arbitration video/DVD, 1998, Dispute Resolution, School of
Management, Massey University available free online on Stream).
Recommended Texts
Boulle, L., Goldblatt, V., Green, P. (2008). Mediation: Principles, Process and
Practice (2nd NZ ed.). Wellington: LexisNexis (particularly if you intend to
do paper 153.202 in the second semester).
Hubbard, J., Thomas, C., Varnham, S. (2013). Principles of Law for NZ Business
Students (5th ed.). Auckland: Prentice Hall (particularly if you intend to
do paper 153.202 in the second semester).
Hubbard, J., Smith, N., (2010). The Legal Environment of Business – an outline.
Auckland, Pearson. (a good basic text if you are not proceeding on to study
paper 153.202).
Willy, A.A.P. (2010). Arbitration. Wellington: Brookers Ltd.
14 Paper Guide
You can order your textbooks from:
Bennetts Book Stores Ltd 2011
Massey University
Private Bag 11004
Manawatu Box Lobby
Palmerston North 4442
Telephone: (06) 354 6020
Recommended Reading
Do make use of the texts available from the Massey Library, including the
databases. Use the link to the Library under Research on the Massey Webpage.
Internet Links
From time to time as seems appropriate, I may post links on Stream for you to
follow up, or supplementary readings to those found in the Study Guide. I
encourage you also to share with your colleagues on Stream any relevant
encounters in your own exploration of Web resources.
Paper Guide 15
Assessment
Assignment Due Date Word Limit Weighting
One 3 April 2017 2000 20%
Two 15 May 2017 2000 20%
Final Examination Please go to
http://exams.massey.ac.nz
for examination details
None 60%
Assignments
You’ll see the actual assignments set out following the material below on essay
writing.
Essays
Virginia Goldblatt, a former Senior Lecturer with the Dispute Resolution
Team, has provided the following notes on writing essays.
The essay style answer involves the provision of a sustained, continuous and
coherent examination of a case and the demonstration of the validity or
otherwise of that case.
There are a number of core features of this type of assignment and these are
identified in summary form in the relevant study guide sections in which the
assignments appear. However, it appears that a number of students would
benefit from an amplification of those points, so the following has been prepared
to assist you.
1. Read the topic.
When you receive an essay topic, for example:
“To what extent is it the mediator’s responsibility to address perceived power
imbalances between the parties?”
16 Paper Guide
It is necessary to write on the whole topic and all of the implications there.
In this case, the topic is not:
“Power imbalances in mediation.”
Nor is it:
“The mediator’s responsibility to address power imbalances.”
Instead it raises issues of perception and of “to what extent” the mediator
should address power imbalances, if at all.
2. Now form your own view of the topic.
You need to be able to state that view in a topic sentence or thesis statement.
This view is your theory of the case, the argument you wish to develop in your
essay answer.
For example, your line of argument on the above topic might be that the mediator
should not address perceived power imbalances at all because perceptions;
mediators or parties, of these are unreliable; or you could have the view that
mediators may use the conduct of the mediation process to address power
imbalances, but should intervene neither in the substance of the dispute nor in
any outcome, no matter how unfair this may appear to one of the parties; or that
mediators have an ethical duty to address actively power imbalances wherever
these occur.
It is important to remember that there can be more than one right answer,
though there will certainly be wrong ones, especially where matters of law are
involved.
What does matter is how well you argue your theory of the case, whatever that
may be.
3. Now construct an argument designed to demonstrate the validity of
your viewpoint.
The argument needs to be logical, clear and consistent and it needs to develop.
The reader (and marker) needs to see the reasoning process throughout. It is
useful to compare this with the evaluation of a maths problem – there may be
Paper Guide 17
only one mark out of ten for getting the answer right, the other nine will be for
the correct working, for showing how that answer is reached.
4. Provide the links and transitions within the argument.
The paragraphs or sections of your argument must connect with each other, and
have a clear sense of developing in a necessary order.
This is not a matter of presentation or style as such, but something integral to the
essay writing process.
Headings are therefore, either unnecessary, because the links and transitions
between the paragraphs already appear in continuous prose, or they are too
condensed if they replace those links.
Headings cannot bear the weight of argument required for an essay and we lose
links in the chain of your reasoning process.
5. In essay format avoid headings, numbered sections and subsections,
and one-sentence paragraphs.
These are appropriate in other forms such as reports, notes and legal briefs but
are not appropriate in essays.
(These notes on essay writing are not in essay form!)
We want the reasoning shown to us here and integrated within the essay
structure.
6. Provide a conclusion.
Your essay can’t just stop. The final section needs to sum up the results of the
preceding analysis. Have you demonstrated the validity of your proposition?
Does your evidence support your viewpoint? Do you need to qualify your case
(“thesis”) in the light of your sustained analysis of it?
7. Ensure complete and accurate referencing.
Referencing is a useful tool in all academic study. This enables the reader to
assess the strength of the evidence and authority you cite in support of your
case.
18 Paper Guide
Your acknowledgement of scholarly sources must therefore, be full and accurate.
i. References are those sources quoted from directly in your essay. Identify
these in footnotes or endnotes. Give precise details including page number
of the quotation.
ii. Your bibliography consists of a list of all sources consulted in the
preparation of your essay. This includes those read but not quoted from
directly. At a minimum your bibliography should therefore include your
course notes and any set texts.
Provide complete an accurate citation as follows:
Author, I.N.I.T.I.A.L.S., Date, Title, Place, Publisher.
8. Make the most of the opportunities provided by essay writing.
This is your chance to form a view on an issue of interest, to provide evidence for
that view, and to argue it convincingly. These notes are provided to assist you
with this task.
Assignment One
Due date: Monday 3 rd April 2017
Weighting: 20%
Word Count: 2000 words
Purpose: To show understanding of negotiation and mediation processes
Scenario: Rack’n Roll
Moira O’Connell just turned 19 and is about to start an international career as a female squash player. All she
remembers in life has to do with squash. She started playing the sport at the age of five and played her first
tournament at the age of nine. She became the first New Zealand champion in the women’s international
under 14’s championship and has won the New Zealand Junior Championship four times in a row.
Moira is trained and coached by her father, Mike O’Connell, who used to be a professional tennis player
himself. Mike wants the best for his daughter and feels very committed to her career as an international
squash star. He noticed Moira’s exceptional talent for racket sports at a very early age and dedicated his life
to the development of Moira’s talent ever since. The whole O’Connell family has made numerous sacrifices
for Moira’s career. They have postponed holiday trips to accommodate squash tournaments, have put up
with Moira’s tantrums after lost games, and have invested substantial financial resources into Moira’s
equipment and travels.
Last month, Moira was determined to win the Oceania Qualifying Games in Brisbane for the next World Open,
but everything went completely wrong. To start with, when Moira boarded the plane for Brisbane, she was
told that she had to check in her equipment as an oversize item. When she went to collect it in Brisbane, it
wasn’t there. Such a shock! The airline admitted that it had got lost and said the chances of retrieving the
luggage in time for the tournament were rather low. At least they paid $10,000 as compensation for the lost
luggage.
Mike reassured Moira that not having the equipment wasn’t the end of the world. He immediately made
inquiries as to which racket company in Australia would be able produce, within a very short time frame, top
quality rackets for Moira. He found out that “Rack’n Roll Ltd” was the best supplier of squash equipment in
Australia with an excellent track record of delivering and fixing gear for professional players. “Rack’n Roll Ltd”
agreed to deliver three top quality squash rackets for Moira within a couple of days – just in time for Moira’s
first game at the Oceania Qualifying Games. A contract between Mike O’Connell and “Rack’n Roll Ltd” was
hastily set up to that effect.
On the day of the tournament three rackets were delivered at a total cost of $6,500. Moira spotted
immediately that the size was slightly smaller than the rackets she was used to playing with. In the warm-up,
she also noticed that the rackets were heavier and the string tension was harder. She told her father she was
not used to playing with rackets of that type and was very nervous about the whole thing.
To the astonishment of her family and fans, Moira lost almost all of her games at the Oceania Qualifying
Games and as a result, didn’t qualify for the next Women’s World Open in Hong Kong. Everybody was
disappointed – most of all Moira! The New Zealand and Australian media reported scathingly about Moira’s
performance. Only one article mentioned the issue around Moira’s equipment. All the other articles
concluded that Moira’s talent had been grossly overrated in the past and that her level of squash playing just
wasn’t high enough to compete at international events.
“Rack’n Roll Ltd” insisted that they had done everything possible to get the three rackets ready for the
games. They said there were no specifications in the contract regarding the rackets’ size, weight, and
string tension. They had only used the best materials and delivered to the latest standards. They argued
that they had done the best they could within the given time frame of two days.
Mike was furious! He blamed “Rack’n Roll Ltd” for making false promises that they couldn’t keep and
threatened court action against “Rack’n Roll Ltd” for breach of contract. He argued that “Rack’n Roll Ltd”
had severely damaged, if not ended, Moira’s career as an international squash player and he wanted to
be compensated for that.
Mac Rack, your cousin and the CEO of Rack’n Roll, is surprised at how their efforts to help Moira out of
a difficult situation have resulted in this response from Mike. Mac contacts you saying he’s keen to
avoid getting lawyers involved and asks for your suggestions as to how they might best reach an
agreed outcome. Set out your advice to him given your understanding of principled and positional
negotiation approaches and what might be the pros and cons of using mediation in this dispute.
In your answer provide reasons for your advice and refer to the information in the scenario to illustrate
your points.
Assignment Two
Due date: Monday 15 th May 2017
Weighting: 20%
Word Count: 2000 words
Purpose: To demonstrate understanding of the fundamentals of mediation and arbitration
practice
Scenario: Rack’n Roll continued
The parties tried negotiating their way through this matter but the situation quickly became very heated
and Mike walked out. Mac is thinking that you might be able to assist as a mediator, or an arbitrator if
mediation didn’t lead to agreement. There is no dispute resolution clause in the contract.
Discuss the practical issues and potential difficulties that may arise with this proposal. Set out your
thoughts on the how mediation and/or arbitration may be used effectively in this situation, with
reasons.
Paper Guide 23
Assignment Submission
Please submit your assignments electronically as a Word Document with your
surname in the title via the Stream site. Please ensure that all pages are
numbered and your name and student ID are on each page of the file.
Remember to always keep copies of your assignments, in the unlikely event
that they become lost.
Referencing
All sources for an assignment should be listed in a reference section at the end of
each assignment. Reference lists are formatted according to certain
conventions. All Schools in the College of Business have adopted the formatting
conventions of the American Psychological Association (APA style). For all
assignments, therefore, your reference section should be formatted according to
APA conventions.
The Course Tools section under Student Learning has a referencing link that will provide
you with information needed for correct APA referencing.
Copyright Regulations
Please remember that as a student you breach the Copyright Act if you
photocopy an entire book, or a significant proportion of a book, without the
permission of the copyright owner. The only time you can copy a book freely is if
that book is no longer in copyright (which will not be until 50 years after the death
24 Paper Guide
of the author and/or 25 years after the book was published). It is also a breach of
the law to obtain photocopies from other people.
As a student you can make one copy of a small proportion of a book so long as
you make the copy only for your private research and study.
You are free to make a copy of an article from a journal for your private study or
research.
Massey University reminds you of your obligations under the Copyright Act 1994.
You must be familiar with the information posted in the Library near photocopy
machines. Remember too that electronic or digital copies are subject to
essentially the same limitations as photocopies.
Academic Dishonesty/Cheating
The University treats dishonesty in either coursework or exams as a serious
offence that is subject to penalty. One of the most serious offences is plagiarism
(see below). The Massey University Academic Calendar, in the Assessment and
Examination Regulations Section, sets out procedures to be followed when
dishonesty is discovered. Penalties can be financial or academic, including
suspension or exclusion from the university. It is your responsibility to make sure
that you understand the forms that cheating and plagiarism can take, and ways to
avoid breaching the relevant policies and regulations.
Plagiarism
Plagiarism is defined by Massey University as:
Presenting as one’s own work the work of another, including copying or
paraphrasing of another’s work without acknowledging it as another person’s
work through full and accurate referencing. It applies to material presented
through written, spoken, electronic, broadcasting, visual, performance or other
medium.
Paper Guide 25
Any form of plagiarism is considered to be Academic Misconduct and is viewed
seriously by this University.
26 Paper Guide
All quoted items should be placed in inverted commas or indented in the text and a page
number cited.
Example: "Management is essential in all organised co-operation .... " (Koontz and
O'Donnell, 1978, pg 5)
Reference Lists
All sources for an assignment should be listed in a reference section at the end of each
assignment. Reference lists are formatted according to certain conventions. All
Departments/Schools in the College have adopted the formatting conventions of the
American Psychological Association (APA style). For all assignments, therefore, your
reference section should be formatted according to APA conventions.
Details on APA formatting for books and journals are available in "Assignment Writing
Guidelines for Business Students". Copies of this booklet are obtainable from Bennetts'
Bookshop on the Manawatu Campus at Palmerston North.
For details of how to format more unusual material (proceedings of meetings, TV
programmes, individual interviews), refer to the Publication Manual of the American
Psychological Association, 5t h edition (2001 ). It is available on request from the reference
librarian.
(c) 'Plagiarism is ..... '
Copying or imitating the language, ideas, thoughts, or writing of another author and passing oft
the same as the student's original work.
(1) The general rule is that a student may not copy the work of another without attribution as
specified in (b) above.
(2) Sometimes essays are assigned that call tor the student to report on ideas and theories
of an established paradigm (approach, school of thought, research philosophy) and to
criticise, integrate, or apply these concepts and evidence in these situations. There is a
temptation to include passages from the works of the "experts" and often attribution is
overlooked in the last minute rush to complete the assignments.
Using references to the "experts" is usually encouraged but such sources must be
cited.
TO SUMMARISE PLAGIARISM:
WHAT EXACTLY IS PLAGIARISM?
PLAGIARISM IS A FORM OF CHEATING.
PLAGIARISM IS USING SOMEONE ELSE'S IDEAS OR WORDS AND SAYING THEY ARE YOUR OWN.
IF YOU USE MATERIAL FROM A TEXT AND DO NOT ACKNOWLEDGE THE SOURCE, YOU ARE PLAGIARISING.
Specifically, these behaviours are usually regarded as plagiarism:-
•
Copying directly from a text, acknowledging the source but pretending that you are paraphrasing.
Paraphrasing or copying directly from a text without acknowledging the source.
•
Copying from another student's assignment with or without the student's knowledge.
The following behaviours are regarded as misconduct and are not condoned:-
•
Submitting the same assignment in two different papers.
•
Getting someone else to write an assignment for you.
You are also involved in misconduct it you:
•
let another student copy from your own work.
•
write an assignment tor another student.
THE UNIVERSITY HAS SEVERE PENALTIES FOR INTELLECTUAL DISHONESTY.
Paper Guide 27
Extensions and Late Assignments
IF YOU NEED AN EXTENSION for an assignment, you should contact your Paper
Coordinator before the due date. A copy of any extension of time granted must
then be attached to your assignment when the same is submitted. If you send
an exercise in late without obtaining an extension, an explanation and evidence,
e.g. a Doctors Certificate, should accompany it.
If you request and are granted an extension, I will try to complete marking and
return within three weeks of submission, but I cannot guarantee this, due to
competing demands on my time. This should be a consideration of yours when
requesting an extension.
We are also affected by other considerations, for instance, was the assignment
received after the class had received the marked scripts back? You are
encouraged to plan your course so that this will not be a problem. If you perceive
a problem looming, please contact me before the due date.
If you fail to submit an assignment, you will receive zero marks for it, but you
may continue with the paper and still sit the final examination. Of course, failure
to submit work will lower your final grade, and increase the chances of failing the
paper.
Feedback
We are committed to providing timely feedback to students.
Wherever possible we will return assignments to you within the three-week
(from the due date) turnaround time. You can expect comments from us on your
assignment, indicating our reasons for the grade given and suggestions for ways
to improve your work (where relevant!).
Assignment Marking Guide
See next page for a guide to grading.
28 Paper Guide
•
153.200
MARKER'S GUIDE
REWRITE OR 'D'
Major presentation flaws.
Unreflective, personal
comment, incoherent
argument, entirely copied,
complete misinterpretation
of topic.
No evidence of reading in
text of essay. No
acknowledgements or
bibliography.
Structure confused, not
discernible, not explained.
Listed below are features of an average acceptable essay (C+/8-). Higher or lower grades will differ in some ways listed.
Holistic grading may be based on the features listed under scope of essay.
(Flawed) C (acceptable)
•
Presentation errors.
Topic not fully covered,
discussion too brief, overuse
of quotations, with little
explanation. Insufficient
support from literature.
Reading not well
incorporated into text of
essay. Limited
acknowledgements and light
bibliography.
Opening paragraph simply
restates the topic. Some
major points missed.
(Average) C+/B- (competent) I (Promising) B/B+ (perceptive)
�
(Flair) A-/ A/ A+ (scholarly)
+ I + I +
PRESENTATION 10% I Few flaws. I Virtually flawless
Most presentation details met,
e.g. front page, margin, legibility,
citations, A4 paper, due date.
SCOPE OF ESSAY 50%
A reasonably balanced
discussion of the issues as
reflected in the course study
materials. Acceptable
interpretation of topic, some
explanation, illustration and
support is provided from the
literature.
EVIDENCE OF READING 10%
The text of the essay shows that
the course materials have been
read and acknowledged. An
accurate list of references is
attached.
STRUCTURE 30%
Main arguments and conclusions
outlined in Introduction.
Definitions provided in context,
main points discussed in logically
sequential paragraphs.
Summary in final paragraphs.
A fuller, more systematic
exploration of the topic which
may include an attempt at
critical comment or appraisal.
Regular support provided
from the literature.
Extra references included.
Main points elaborated.
presentation.
Comprehensive exploration
of the topic, with sound
critical comment and a
personal synthesis of the
issues shown. Detailed
support from literature,
including extra references.
Extra references integrated
into argument.
153.200 Introduction to Dispute Resolution 代写
Paper Guide 29
Final Examination
The examination is open book, which means that you can take in any materials
you choose. This includes, (but is not limited to) your study guides, statutes,
textbooks and your own notes. You may not take in any computer or electronic
retrieval system.
This year’s examination paper will include problem solving and essay style
questions. The whole of the syllabus is examinable, including topics covered
in the assignments.
Copies of previous exam papers may be found on the Library website. Go to the
Massey webpage, click on Research and then library, and you will find “exam
papers” in the quick links at the bottom of the Library page.
Details regarding your exam can be found here:
http://exams.massey.ac.nz
Please check your exam date, time and venue carefully.
30 Paper Guide
Paper Evaluation – MOST Surveys
The last word on this paper belongs to you and I welcome your feedback on
any aspect of the paper. The MOST survey provides an opportunity for you to
give anonymous feedback on various aspects of the paper.
We try hard to meet your needs and your feedback will enable us to be
responsive in changing the paper as necessary. We particularly value your
broader comments in the space available. This is the most popular choice of
vehicle for student feedback.
Naturally we also value any form of feedback that you may wish to give us
directly, via email or using the Stream online tools.
I wish you well in your studies with us and in this paper in particular, and
look forward to meeting those Distance students who attend the Contact Course,
and the Block Course students at the Block Courses.
Myles Stilwell
Paper Coordinator
APPENDICES
Paper Guide 33
Appendix 1: Massey University Library
The Library provides resources and help to support your study. Please contact us
if you need help finding information or requesting Library material.
Phone: 0800 MASSEY (0800 627 739) ask for the Library
OR
call direct +64 6 350 5670
Email: library@massey.ac.nz
There are three key ways to access Library help and resources while studying at
a Distance:
Distance Library Service – our delivery system especially for you
Library Website – access to our resources and services
Visiting the Library in person – make the most of any visits to campus
Distance library service
The Distance Library Service delivers course-related Library materials to students
who are eligible (students studying predominantly distance or block mode
courses in a semester). For information about using the Distance Library Service,
see The Library for Distance Learning section of our website
(http://library.massey.ac.nz). If you are uncertain about your eligibility please
contact the Distance Library Service.
We will:
Send books to you and provide access to journal articles.
Note: The Library must comply with the Copyright Act which restricts the
amount that can be copied or scanned (normally one chapter or article, or 10
percent from any one publication).
Help you to find information that you need for your study.
Teach you how to use databases and resources effectively to do your own
research.
34 Paper Guide
o Undergraduate students get help from professional librarians over
the telephone (use the 0800 number), email or live via the Internet.
We will talk you through finding articles, books and other research on
your topic.
o Postgraduate students book a Research Consultation. This is training
with a subject specialist librarian and can be by telephone, email or live
via the Internet.
o Online workshops – we run these at the start of each semester to
get you off to a flying start with your study. Check out the Library
website for details and to register.
Details and Contacts are available on The Library for Distance Learning section of
the website.
Studying outside New Zealand? We will supply materials to help you with your
studies, but there may be some restrictions. Please contact us for more
information or look for the Services to Offshore students part of the Library for
Distance Learning pages.
When you are using the Library from a distance it is especially vital to plan ahead
to allow plenty of time just in case the material or assistance you need is not
immediately available.
Library website (http://library.massey.ac.nz)
You can use the Library website to find resources by:
searching Discover – search across our physical collections and a large
proportion of our electronic resources (article databases, e-journals, e-books
and more) – so you get both books and a selection of articles and other
resources in the one search.
searching the Library Catalogue to find and request books, theses, DVDs
and other items held at any of the Massey Libraries.
using Subject Guides – a quick way to the key resources in your subject
area
searching individual Article Databases to find journal and newspaper
articles on a topic. This will provide access to our full range of databases.
accessing copies of past exam papers – sorry we don’t have the answers!
Paper Guide 35
You can also log in to your MyLibrary record to check your due dates, renew
your books, turn on and view your reading history and request items from the
Catalogue.
There are request forms on the website to request resources and help – look
under the Quick Links for Forms.
For advice on finding information see the How to Find section. These pages
include onscreen demonstrations of key information skills that will help you get
started.
As well as The Library for Distance Learning page, use The Library for
Undergraduates or Postgraduates (whichever is appropriate), Subject Guides,
Article Databases, and check out our blog Library Out Loud (LOL), follow us on
Twitter or Facebook for the latest news from us.
Using the library in person
You’re welcome at any of the Massey Campus Libraries – in Albany, Manawat?
and Wellington. Services available from these libraries include Information Desks
where you can get help in using Library resources, research consultations for
postgraduate students and EndNote support, access to computers and
photocopiers, and a wireless network from your laptop or mobile device (setup is
required). All Massey libraries provide help and support, but not all resources are
held in every Library.
All the details about our libraries, including opening hours, locations and services
are available on the Library website, under About Us.
When you are visiting, why not take advantage of our professional help (at the
Information Desks) or if you are a postgraduate, book a Research Consultation
with a subject specialist Librarian. Details are on The Library for Postgraduates
page.
36 Paper Guide
EndNote
EndNote is specialised software for organising the research and articles you find.
It allows you to:
1. Create, store, and manage your references
2. Import and store references from electronic databases
3. Annotate, sort and search your references
4. Create bibliographies instantly in a variety of bibliographic styles
5. Insert citations into your Microsoft Word documents.
See the Library’s EndNote webpage (under Quick Links on the website) for
further information on ordering the software, and our training and help materials.
Paper Guide 37
Appendix 2: Supporting Your Learning at Massey
University
Whether you are a distance or internal student, first year or postgraduate, a high
achiever or just scraping by, Massey University is committed to helping you reach
your full learning potential.
During your studies, you may want to explore effective ways in dealing with the
following:
planning essays and reports
assignment structure and format
using and referencing sources
using Stream to its full effect
enhancing study skills
effective time management strategies
reading and note-taking
exam preparation
postgraduate level writing
inclusive and accessible learning resources
Support is available to help you to advance and further develop your skills in
academic writing.
OWLL (Online Writing and Learning Link) Website
The Online Writing and Learning Link is a centralised website for academic
writing and study resources. It allows all Massey students to access an
extensive range of resources about study skills, assignment writing,
avoiding plagiarism, exam skills, FAQs and how to navigate your way
through Stream. Utilise the useful tools such as APA Interactive and the
Assignment Planning Calculator. Go to http://owll.massey.ac.nz for more
information.
Online Assignment Pre-reading Service
If your primary mode of study is distance or if you are an internal student
within your first eight papers at Massey, you are entitled to utilise the online
assignment pre-reading service. You can submit up to two assignments per
semester to Writing Consultants for review and advice related to the
38 Paper Guide
structure, focus, style, presentation, and use of outside sources before the
assignment is submitted for marking to your lecturer. The maximum
turnaround time is three working days. To submit your assignment, go to
the Academic Writing and Learning Support course on Stream or contact
pre-reading@massey.ac.nz
Academic Q + A
To ask any question related to the academic skills of writing, researching,
referencing or to see what other students have asked and read the
answers, go to the Academic Q + A discussion board which can be found
on the Academic Writing and Learning Support course on Stream. A
Learning Consultant from the Centre for Teaching and Learning will answer
all questions within 24 working hours and other students will often
contribute too.
Internal Individual Appointments
You can make an appointment to discuss either study skills, using Stream
effectively or the review of an assignment with a Learning/Writing
Consultant. Make sure you book in advance to avoid disappointment.
Workshops
Each campus offers a series of workshops to cater to the wide genre of
students ranging from first year students to postgraduates. Students will
be able to participate in on presentations that cover strategies for writing
assignments to effective time management. Students can also attend
these workshops off-campus from wherever they are in the country. For
information go to
http://owll.massey.ac.nz/about-OWLL/online-workshops.php
Academic Support Request Form
A web-based Academic Support Request form is located within the OWLL
website. Distance students can submit requests, ranging from help about
writing assignments to effective ways of learning in the university setting. It
does not give specific content based assistance. Consultants will respond
to these requests by the following business day. Go to
http://owll.massey.ac.nz/academic_support.html
Paper Guide 39
Writing and Study Skills Handouts
A large collection of handouts on topics ranging from the correct way of
referencing to effective exam strategies is available. View these online at
http://owll.massey.ac.nz or request a hard copy if you do not have Internet
access.
On-Campus Days
These are offered in Auckland, Palmerston North, Wellington before
semester starts. Students not only have access to sessions focused on
time management, reading and note taking, researching and writing
assignments and referencing but also have the opportunity to get further
information from lecturers from the Colleges and consultants specialising in
Stream and post-graduate work. The On-Campus days are organised by
Centre for Teaching and Learning, Manawatu campus. For further
information go to: http://owll.massey.ac.nz/regionalworkshops_ex.html
Staff supporting your learning at Massey
Various staff members who work in the Centre for Teaching and Learning
have specialist skills in the areas of learning, postgraduate, writing, Pasifika,
ESOL, disability and transitional. To book an appointment to utilise their
services see below.
Disability Services have offices and staff on the Albany, Manawatu (Turitea) and
Wellington Campuses of Massey University. For any enquiries, please contact
0800 Massey (0800 627 739) and ask to be put through to Disability Services or
email: disinfo@massey.ac.nz.
Centres for Teaching and Learning – Contact details
Manawatu Campus
(Distance and Manawatu internal students)
Queries regarding any services
Phone: +64 6 3502251
Fax: +64 6 3505760
Email: SLC-PN@massey.ac.nz
Hours: 8.30am – 4.30pm
Location: Manawatu Campus
Student Centre – Level 2
40 Paper Guide
Albany Campus
Albany students – advisor appointment
Email: slc-alb@massey.ac.nz
Hours: 8.30am – 4.30pm
Location: Albany Campus
Room, SC1.18,
Study Centre Building
East Precinct
Wellington Campus
Wellington students – advisor appointment
Phone: +64 4 801 5799 extn 624498
Email: wnlearn@massey.ac.nz
Hours: 8.30am – 4.30pm
Location: Wellington Campus
Block 5, Ground Floor (level A)
Entrance E, Tasman Street, Wellington
Paper Guide 41
Appendix 3: Feeling overwhelmed?
Are you…
Having doubts, sudden feelings of incompetence?
Having awful realisations of time running out?
In other words, thinking of withdrawing?
Before you do, ask yourself…
Will I regret this later?
Will I feel better after a cup of coffee/the baby has gone to sleep/the
weather has improved?
Do I really have to decide now?
Should I write to or phone my paper coordinator? Highly recommended!
Tell yourself…
I’ve got this far, I might as well finish.
I have the right kind of reasons to ask for an extension of time for the
assignment.
I could even send in a draft outline if I am confused and don’t know if I’m on
the right track.
There are people around who can help if I ask.
Do…
Talk about it with your paper coordinator. Often students withdraw
because, working in isolation, they do not realise that other students are
having the same problems and in fact, compared to others, they are doing
very well. Make contact and find out how you are going, and what
suggestions the paper coordinator can make to help you. Discuss
withdrawing with your family, your employer and others important to you.
Get on with what needs to be done now (leave future tasks to the future).
42 Paper Guide
If after all that you find you have no alternative but to
withdraw then …
153.200 Introduction to Dispute Resolution 代写
153.200 Introduction to Dispute Resolution 代写
Check the Distance Learning Handbook. Note what date you need to
withdraw before if you don’t wish to have the paper recorded as a failure.
Please contact Massey University at 0800 MASSEY or email
contact@massey.ac.nz to withdraw. But contact me too, if you possibly
can. I am interested to hear what your problems have been, and whether
there is some way I can make it possible for you to take this paper again in
a future year.
The only way you can be withdrawn or change your course is to notify the
Enrolment Office. Writing to the Paper Co-ordinator or tutor does not affect
your withdrawal.
153.200 Introduction to Dispute Resolution 代写
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