LAWS2001 Company Law
Question:
Essay Question
Culture Diversity, Dispute Resolution and Access to Justice in Australia Indigenous people had their own dispute resolution processes (via customary law) long before the British “settlement”, and they continue to have well-developed methods for resolving and responding to disputes informed by their cultural values.
In Australia, other culturally and linguistically diverse communities may understand disputes and their rights and responsibilities differently. Thus, more often than not, we view the world based on our own cultural assumptions which affect our perceptions, attitudes, values, and behaviours
What are the challenges to addressing cultural differences in dispute resolution in Australia, and how culturally diverse groups might best be assisted to have access to justice?
You may discuss these issues from one of the following perspectives:
• Indigenous dispute resolution and conflict management in Australia
• Dispute resolution for people from culturally and linguistically diverse backgrounds (CALD) Choosing one of them to focus on might be easier as the essay is limited to 2500 words. However, you can touch on both matters. A word limit of 2,500 words has been set, which includes footnotes, titles and headings. There are strict formatting requirements that you are required to comply with as indicated in the instructions. The essay requires you to reflect and research the question given and to present a relevant argument or arguments to answer the question(s). You will be marked on your understanding, written expression, analytical skills and critical ability.
The essay requires you to be analytical and critical. What does this mean? This can include a range of ideas, depending on whether you are discussing a topic or answering a question. For example, you may provide some initial thoughts on the material in relation to your pre-existing knowledge.
You may compare the theory underlying different DR processes and methods. You may provide arguments for or against arguments that are made in the material. You may relate what you have learned to topical issues and how the material might advance our understanding or resolution of problems. There are many ways of reflecting on and evaluating information. The main idea is to provide good support for any claims or arguments you make. That support may be by way of other credible sources or your own logical argument. In order to be persuasive in presenting your own arguments, be sure to be aware of any criticisms that can be made of them, and account for them in some way. Assignments must be referenced in accordance with the Melbourne University Law Review Association, Australian Guide to Legal Citation (Melbourne University Law Review Association Inc., 4th ed, 2018).
This guide is available electronically at: Australian-guide-to-legal-citation-v4.pdf (unimelb.edu.au). There are strict formatting requirements that students are required to comply with: – Use Arial 12 point font. – Assignments must be one and a half-space. – Number all pages consecutively. – Use footnotes in accordance with the AGLC. – Do not include a bibliography.
The resources required for the essay include: -Textbook (Australian Dispute Resolution Law and Practice Laurence Boulle & Rachael Field) -Other learning materials (attached) -Independent research I have also attached the marking criteria. Please aim for high distinction in all fields. The essay requires you to reflect and research the topic given and to present a relevant argument or arguments to answer the question. You will be marked on your understanding, written expression, analytical skills and critical ability.
The Essay must be referenced in accordance with the Melbourne University Law Review Association, Australian Guide to Legal Citation (Melbourne University Law Review Association Inc., 4th ed, 2018). This guide is available electronically at: https://law.unimelb.edu.au/mulr/aglc/australian-guide-to-legal-citation-v4.pdf There are strict formatting requirements that students are required to comply: – Use Arial 12 point font – Assignments must be one and a half spaced – Number all pages consecutively. – Use footnotes in accordance with the AGLC – Do not include a bibliography. The final assessment is a research essay. You are expected to conduct your own research and demonstrate your research, analytical and critical thinking skills.
The quality of your essay will be assessed in accordance with the following criteria:
• Knowledge, Research, and Understanding
• Logic, Clarity and Structure
• Analysis, Reflection, Argumentation and Critique
• Written Expression, Grammar, Style and Referencing While your essay should address the research question you choose, you may focus on one or two aspects of it.
