Alternative Dispute Resolution Role Play Assessment

Assessment

Questions 

1. Case Study: Neighbours Dispute 

John lives in a small apartment block in Parramatta and has one next-door neighbour called Sally. John is constantly annoyed by the loud music and other noises coming from Sally's apartment. He has a young daughter who is regularly disturbed by the loud music and is woken during her day and evening naps. For a year, John often complained to Sally. Sally said that she had tried to reduce the noise coming from her unit, and that she was also annoyed by the endless Wiggles videos from John's apartment and by his daughter crying, but she tolerated it.
One night, during dinner with friends, Sally heard a loud banging on her door. It was John, who was very angry and yelled at her. Sally found John's behaviour intimidating, so she applied to a court for a Personal Safety Intervention Order to stop him from contacting her.
John was shocked to learn that Sally had applied for an intervention order against him. He rang a dispute resolution centre to arrange mediation. Sally agreed, and the mediation was scheduled.

•  Is mediation the most appropriate method to solve this dispute? Please justify and also critically compare it with one other dispute resolution method.
• What is the role of the mediator? Please use existing practice standards if applicable.
• What are the agenda items likely to be raised in this dispute?
• What options could potentially be generated to resolve the matters under dispute?

2. You are an Accredited Mediator under the Australian Mediator and Dispute Resolution Accreditation System (AMDRAS). You have been approached to act as mediator in a strata dispute involving residents of an apartment building in Sydney CBD. Your uncle owns a unit in the building under dispute. You see this uncle occasionally at family functions and have not spoken to him about this dispute.

• Describe the ethical issues may arise in this situation
• Explain where you might find guidance about how to deal with the ethical question presented in this scenario.

Brief Summary of the Assessment Requirements

The assessment consists of two major parts requiring analytical, critical-thinking, and ethical reasoning skills related to dispute resolution practices.

Part 1: Case Study Neighbours Dispute (John & Sally)

Students must address the following key requirements:

1. Appropriateness of Mediation: Evaluate whether mediation is suitable for resolving the dispute between John and Sally.
   Provide justification and critically compare mediation with one alternative dispute resolution (ADR) method such as arbitration, negotiation, or adjudication.
2. Role of the Mediator: Explain the mediator’s responsibilities using recognised practice standards, particularly the Australian Mediator and Dispute Resolution Accreditation System (AMDRAS) benchmarks.
3. Agenda Items: Identify the issues likely to arise during mediation (noise complaints, parenting concerns, respectful communication, boundaries, etc.).
4. Possible Options for Resolution: Generate constructive and realistic options that could help both parties manage noise, expectations, and living conditions.

Part 2: Ethical Scenario Accredited Mediator Under AMDRAS

Students must address:

1. Ethical Issues: Identify and analyse the ethical challenges arising when the mediator has a personal connection (uncle owning a unit) to one of the stakeholders.
   Discuss potential conflicts of interest, impartiality concerns, and perception of bias.
2. Sources of Guidance: Explain where mediators can find direction to handle such ethical dilemmas e.g., AMDRAS Practice Standards, National Mediator Accreditation System (NMAS), organisational policies, or professional codes of conduct.

How the Academic Mentor Guided the Student (Step-by-Step Process)

The Academic Mentor ensured the student approached each requirement logically and with clarity. The guidance followed these structured steps:

Step 1: Understanding the Case Context and Issues

The mentor first helped the student interpret the scenario involving John and Sally, identifying:

• The nature of the dispute (noise-related conflict in shared living spaces).
• The emotional and relational dynamics.
• Why mediation was proposed.

This step ensured the student could apply ADR concepts accurately.

Step 2: Evaluating Mediation as an ADR Method

The mentor guided the student to:

• Define mediation and its suitability for interpersonal disputes.
• Identify strengths (communication, confidentiality, voluntary process).
• Compare it with a second ADR method (e.g., arbitration).
• Prepare a balanced critique.

This helped the student build a justified argument instead of simple description.

Step 3: Applying Mediator Practice Standards

The mentor directed the student to:

• Refer to AMDRAS or NMAS standards.
• Explain key responsibilities: neutrality, facilitation, confidentiality, managing
• process, and supporting constructive dialogue.
• Link these to the case context.

This step reinforced academic referencing and industry alignment.

Step 4: Developing Agenda Items

The mentor encouraged brainstorming of probable discussion themes:

• Noise disturbance
• Child’s sleep schedule
• Mutual respect
• Future communication methods

This helped the student demonstrate anticipatory planning, a core mediator skill.

Step 5: Generating Realistic Options

The mentor showed the student how to move from problem identification to solution generation, such as:

• Noise control agreements
• Installation of soundproofing
• Scheduling quiet hours
• Use of communication guidelines

This step strengthened both creativity and practicality in dispute resolution.

Step 6: Identifying Ethical Issues in Part 2

Using the second scenario, the mentor helped the student recognise:

• Actual vs. perceived conflict of interest
• Importance of impartiality
• Risks to credibility and fairness
• Whether the mediator should decline the case

This built ethical reasoning skills.

Step 7: Finding Authoritative Guidance

The mentor directed the student to formal sources:

• AMDRAS Practice Standards
• NMAS Code of Conduct
• Institutional policies
• Relevant legislation or guidelines

This step taught the student how to support answers with credible frameworks.

Final Outcome

By following the mentor’s approach, the student produced:

• A well-structured response addressing each assessment question clearly.
• A critical discussion of mediation and its comparison with another ADR process.
• An understanding of mediator roles grounded in professional standards.
• A set of realistic agenda items and resolution options.
• A sound analysis of ethical issues and guidance sources under AMDRAS.

The submission demonstrated depth, clarity, and applied knowledge of dispute resolution processes.

Learning Objectives Achieved

Through this guided process, the student successfully achieved:

1. Application of ADR theory to real-life disputes
2. Critical comparison of mediation with other ADR methods
3. Understanding of mediator roles and practice standards
4. Ability to structure mediation agendas and develop solution options
5. Ethical reasoning in mediation scenarios involving conflicts of interest
6. Use of professional standards (AMDRAS/NMAS) to justify decisions
7. Improved academic writing, argumentation, and analytical thinking

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