[1] The Australian Law Reform Commission's recent review of the Federal civil justice system concluded that the essential focus of legal education should be on 'what lawyers need to be able to do' rather than what lawyers may 'need to know'. Australian Law Reform Commission, Managing Justice - A Review of the Federal Justice System, (ALRC, Canberra, 1999) Report No 89, Chapter 2, 'Education, Training and Accountability' citing the American Bar Association, Legal Education and Professional Development - An Educational Continuum, (ABA, Chicago, 1992) ('MacCrate Report').
[2] See further W Cheng and M Warren, 'Making a Difference: Using peers to assess individual students' contributions to a group project' (2000) 5 (2) Teaching in Higher Education 243 at 243-244 citing (1) L S Vygotsky, 'The genesis of higher mental functioning' in J V Wertsch (Ed.), 'The Concept of Activity in Soviet Psychology', (Armonk, New York, 1981), pp144-188 and (2) L S Vygotsky, 'Mind in Society: the development of higher psychological processes', (Harvard University Press, Cambridge, 1978). See also, T Gatfield, 'Examining Student Satisfaction with Group Projects and Peer Assessment' (1999) 24 (4) Assessment and Evaluation in Higher Education 365 at 366 citing J A Mello, 'Improving individual member accountability in small group settings' (1993) 17 (2) Journal of Management Education 253.
[3] M Le Brun and R Johnstone, The Quiet (R)evolution: Improving student learning in law, (The Law Book Company Limited, Sydney, 1994), pp59-60.
[4] See further Gatfield, op cit (n3), p 366.
[5] The criteria have been developed by the Team Leader of the Second Large Grant Project, Ms Sally Kift, Assistant Dean Teaching and Learning, QUT Faculty of Law in conjunction with Dr Duncan Nulty, Higher Education Program Evaluator, QUT Teaching and Learning Support Services. See further: S Kift, 'Harnessing assessment and feedback to assure quality outcomes for graduate capability development: A legal education case study", forthcoming at Australian Association for Research in Education (AARE) Conference, Brisbane, December 2002 [http://www.aare.edu.au/index.htm (Accessed 1 November 2002)] ('Harnessing Assessment'); and QUT, Faculty of Law, 'Teaching and Learning Development Large Grants Scheme: Interim Report', (QUT, Brisbane, 2002), [https://olt.qut.edu.au/law/ASSESSMENT/sec/index.cfm?fa=displayPage&rNum=576131 (12 November 2002)].
[6] The author wishes to acknowledge the assistance of Ms Aliisa Myolanis, Policy Advisor (Learning Support), QUT Teaching and Learning Support Services in the review of the assessment model prior to its trial.
[7] Six units stated in their unit objectives that students undertaking the unit would explicitly develop their teamwork skills: LWB139 Select Issues in Torts, LWB144 Laws and Global Perspectives, LWB241 Trusts, LWB332 Commercial Law, LWB36
[7] Law of Corporate Governance and LWB434 Advanced Research and Legal Reasoning. Four of these units made no attempt to assess teamwork skill development; only the product of the teamwork was assessed. In two of those four units the teamwork exercise was optional. One unit which did not include the assessment of teamwork skill development in their unit objectives did assess teamwork skill development in a minor way: LWB142 Law Society and Justice where a small component of the assessment of a group oral presentation provided for the summative assessment of 'other skills' which may include teamwork.
[8] For example: S Stewart and B Richardson, 'Reflection and its Place in Curriculum on an Undergraduate Course: should it be assessed?' (2000) 25(4) Assessment and Evaluation in Higher Education 369; M Freeman, 'Peer assessment by groups of group work' (1995) 20 (3) Assessment and Evaluation in Higher Education 289; and D Boud, R Cohen and J Sampson, 'Peer Learning and Assessment' (1999) 24 (4) ) Assessment and Evaluation in Higher Education 413.
[9] A number of academics were also invited to address the project group to explain how they undertook the assessment of teamwork in their units.
[10] UNESCO, Distance Learning Systems and Structures: Training Manual, Report of a Sub-Regional Training Workshop, Vol. II (UNESCO, Bangkok, 1987).
[11] D Laurillard, Rethinking University Teaching: A Conversational Framework for the effective use of learning technologies ( 2nd ed, Routledge, New York, 2002), p 145.
[12] Id.
[13] Id.
[14] Ibid, p146 citing RM Palloff and K Pratt, Building Learning Communities in Cyberspace (Jossey-Bass, San Fransisco, 1999).
[15] B Collis and J Moonen, Flexible Learning in a Digital World: Experiences and Expectations (Kogan Page, London, 2001), p 9.
[16] Id.
[17] Id. See further, L Van den Brande, Flexible and Distance Learning, (John Wiley, Chichester, 1993), p xxi.
[18] Belanger, F., and Jordan, D.H., Evaluation and Implementation of Distance Learning: Technologies, Tools and Techniques (Idea Group Publishing, Hershey, 2000), pp4-5.
[19] Id.
[20] Laurillard, op cit (n 12), p146. See also Belanger and Jordan, op cit (n 19), p7.
[21] B Collis, Tele-learningin a Ditigal World: The Future of Distance Learning (International Thomson Computer Press, London, 1996), pp582-583. See also Laurillard, op cit (n 12), p146.
[22] Belanger and Jordan, op cit (n 19), p21.
[23] Ibid, p2.
[24] The value of virtual teams is explored in J Henry and M Hartzler, Tools for Virtual Teams (ASQ Quality Press, Milwaukee, 1998), pp1-10. See also D Duarte and N Snyder, Mastering Virtual Teams: Strategies, Tools and Techniques that Succeed, (Jossey-Bass Publishers, San Francisco, 2001).
[25] See further A Reynolds, 'E-Auctions: Who will protect the Consumer?', (2002) 18 J of Contract Law 75, p.75 and M.J. Radin, J.A. Rothchild, and G.M. Silverman, Internet Commerce: The Emerging Legal Framework, (Foundation Press, New York, 2002), p v.
[26] T. Hoefling, Working Virtually: Managing People for Successful Virtual Teams and Organisations, (Stylus Publishing, Virginia, 2001), p xiv.
[27] Duarte and Snyder, op cit (n 25), p9.
[28] Hoefling, op cit (n 27), p xiv.
[29] J Lipnack and J Stamps, Virtual Teams: People Working Across Boundaries with Technology (John Wiley & Sons Inc., New York, 2000), p16.
[30] Henry and Hartzler, op cit (n 25), pp 1-10. See also Duarte and Snyder, op cit (n 32), and Hoefling, op cit (n 27), p5.
[31] Duarte and Snyder, op cit (n 25), p9.
[32] Ibid, p10.
[33] Hoefling, op cit (n 27), p6.
[34] Duarte and Snyder, op cit (n 25), p 8.
[35] Id.
[36] Id.
[37] Henry and Hartzler, op cit (n 25), pp7-9.
[38] Hoeffling has offered useful tips to virtual teams in the workplace. Op cit (n 27), pp 159-161). It is submitted that Hoeffling's tips will prove particularly useful to students operating in virtual teams. Virtual tips to avoid traps 'Accept some loss of operational efficiency. This doesn't always happen but its less frustrating when a certain 'acceptable slippage' is allowed. It will be regained in other areas like speed of message delivery.' 'For some team players, who are used to being on teams and are good team players, to move to a virtual team can be a bit jolting at first. One reason that this jolt occurs is that if it's a true team with a lot of interaction, a synergy results.' This synergy may take more time to develop in a teaching and learning environment and may only arise after several virtual meetings, the team meeting at the external school or several face to face meetings. 'One problem with asynchronous communication is dissipation of group energy. The team can start to drift apart without regular contact. Creative brainstorming can fall flat if not moved along. Team leaders must help the group feel that it is together.' Where students are encouraged as part of their learning experience to rotate the leadership role, then team members share this responsibility and essentially ownership of the group 'Confront all non performance. Management responsibilities do not lessen in a virtual environment.' In a virtual learning environment it is particularly important to confront all non-communication in order to reveal whether there are any underlying concerns which need attention. 'Make a special effort to catch conflicts early and deal with them fairly. If there are miscommunications and they don't get acknowledged and remedied, it can lead to trust issues. In a virtual team environment trust issues can go unrecognized, unaddressed and unresolved far too long. In a virtual environmnet, its easier just to sweep conflict under the rug until it becomes a much bigger issue and can't be ignored anymore.'
[39] Lipnack and Stamps, op cit (n 30), p24.
[40] All unit materials are available in the study guide and on the unit's on-line teaching website [https://olt.qut.edu.au/law/LWB334/sec/index.cfm?fa=dispHomePage (Accessed 1 November 2002)].
[41] Skills are developed incrementally through three stages: Level 1 (instruction, opportunity to practice and feedback), Level 2 (advanced instruction, opportunity to practice in a simple legal scenario, feedback and reflection) and Level 3 (students should resourcefully, productively, adaptively and creatively build upon previous skill development and instruction in a more complex legal sceario). Reflection on skill development at Level 3 plays a pivotal role towards attainment. The manner in which skills have been embedded across the various years of the cirriculum ensures that students move incrementally, horizontally and vertically through each stage of skill development.
[42] Although the unit was developing teamwork skill at the highest level of undergraduate skill development (Level 3), it was anticipated that as skills had only been recently inculcated into the curriculum, a significant number of students may not have undertaken earlier units at a time when they had incorporated teamwork skill development. The materials developed for the model drew from and expanded upon materials that had been developed for students in the elective fourth year unit, LWB434 Advanced Legal Research and Reasoning.
[43] The tutorial exercises built upon tutorial exercises already being undertaken in the compulsory second year unit, LWB241 Trusts. The materials for this tutorial can be found on the on-line teaching web site for this unit [https://olt.qut.edu.au/law/LWB334/sec/index.cfm?fa=displayPage&rNum=540463 (Accessed 1 November 2002)].
[44] These discussion forums could be accessed via the unit's on-line teaching website [https://olt.qut.edu.au/law/LWB334/admin/index.cfm?fa=dispHomePage (Accessed 1 November 2002)].
[45] G Hart, Student Perspectives on the Development of Generic Capabilities at QUT: Draft Report, presented to the QUT Teaching and Learning Committee, 30 October 2001, p4.
[46] P Ramsden, Learning to Teach in Higher Education, (Routledge, London, 1992), p7; Freeman at 290; and Boud, Cohen and Sampson at 413.
[47] See L Gueldenzoph and G May, 'Collaborative Peer Evaluation: Best Practices for group member assessments' (2002) Mar Business Communication Quarterly 9.
[48] Id, D Magin, 'A Novel Technique for Comparing the reliability of Multiple Peer Assessment with that of Single Teacher Assessments of Group Process Work', (2001) 26 Assessment and Evaluation in Higher Education 139 at 140 ('A Novel Technique') citing JK Davis and S Inamdar, 'Use of Peer Ratings in Pediatric Residency' (1988) 63 Journal of Medical Education 647; F Lopez-Real and Y Chan, 'Peer Assessment of a Group Project in a Primary Mathematics Education Course' (1999) 24 Assessment and Evaluation in Higher Education 67; and Gueldenzoph and May, op cit (n 48), p9 citing T Crews and A North, 'Team Evaluation Part 2' (2000) 16 Instructional Strategies 1.
[49] This would be achieved through the implementation of self and peer evaluation, which are frequently used to overcome inequitable contribution to teamwork. See further M Lejk, M Wyvill and S Farrow, 'Group Assessment in Systems Analysis and Design: a comparison of the performance of streamed and mixed ability groups' (1999) 24 Assessment and Evaluation in Higher Education 5 at 11 citing M Lejk, M Wyvill and S Farrow, 'A survey of methods of deriving individual grades from group assessments' (1996) 21 Assessment and Evaluation in Higher Education 267. See also further Cheng and Warren, op cit (n 3), p245; R Conway, D Kember, A Sivan, and M Wu, 'Peer assessments of individual contributions to a group project' (1993) 18 (1) Assessment and Evaluation in Higher Education 45 at 46; AC Butcher, LAJ Stefani, VN Tario, 'Analysis of peer, self and staff assessment in group project work' (1995) Assessment in Education 165 at 165; J Goldfinch and R Raeside, 'Development of a peer assessment technique for obtaining individual marks on a group project' (1990) 15 (3) Assessment and Evaluation in Higher Education 210 and N Falchikov and D Magin 'Detecting gender bias in peer marking of students' group process work' (1997) Assessment and Evaluation in Higher Education 385.
[50] The unit objectives and criteria for assessment were contained in the study guide and were available on the on-line teaching web site for this unit.
[51] Lejk et al, 'Group Assessment in Systems Analysis', op cit (n 50), p11 citing M Lejk, M Wyvill and S Farrow, 'A survey of methods of deriving individual grades from group assessments' (1996) 21 Assessment and Evaluation in Higher Education 267. See also Cheng and Warren, op cit (n 3), p245; Conway, Kember, Sivan, and Wu, op cit (n 50), p46; Butcher, Stefani and Tario, op cit (n 50), p165; Goldfinch and Raeside, op cit (n 50), and Falchikov and Magin, op cit (n 50). Given the focus of this paper, further issues related to the incorporation of peer and self-assessment in the assessment model will not be explored further in this paper.
[52] These criteria are set out in Appendix 1: The Assessment Model. See further S Stewart and B Richardson, 'Reflection and its Place in Curriculum on an Undergraduate Course: should it be assessed?' (2000) 25(4) Assessment and Evaluation in Higher Education 369 at 375 citing G Brown, J Bull and M Pendlebury, Assessing Student Learning in Higher Education (London, Routledge, 1997); Ramsden, op cit (n 54), p6; P Orsmond, S Merry and K Reiling, 'The use of student derived marking criteria in peer and self-assessment' (2000) 25 (1) Assessment and Evaluation in Higher Education 23 at 23; P James, 'Blueprint for Skills Assessment in Higher Education' (2000) 25(4) Assessment and Evaluation in Higher Education 353 at 363.
[53] Ramsden, op cit (n 47), p6.
[54] Orsmond, Merry and Reiling, op cit (n 53), p 23.
[55] Stewart and Richardson, op cit (n 53), pp 3
[55] and 370.
[56] B O'Donovan, M Price and C Rust, 'The student experience of criterion-referenced assessment (through the introduction of a common assessment grid)' (2000) 38 Innovations in Education and Teaching International 71 at 79 citing CV Gipps, Beyond Testing (London, The Farmer Press, 1994).
[57] Stewart and Richardson, op cit (n 53), p375 citing J Chapman, 'Agonising about Assessment' in D Fish and C Cole (eds) Developing Professional Judgement in Health Care (Oxford, Butterworth-Heinemann, 1988).
[58] The assessment criteria are set out in Appendix 1: The Assessment Model
[59] The self and peer evaluation instrument can be accessed on the unit's on-line teaching website, op cit (see n 45).
[60] Internal students undertook this exercise in class. See further S Hanrahan and G Isaacs, 'Assessing Self and Peer-assessment: the students' views' (2001) 20(1) Higher Education Research and Development 53 at p54-55; and O'Donovan et al, op cit (n 57), p80.
[61] Orsmond et al, op cit (n 53), pp33-34.
[62] O'Donovan et al, op cit (n 57), p80 citing DR Sadler, 'Specifying and promulgating acheivement standards' (1987) 13 Oxford Review of Education 191.
[63] See generally, Stewart and Richardson, op cit (n 53).
[64] Units using these reflections were LWB434 Advanced Legal Research and LWB241 Trusts. The reflection sheets used in the assessment model are available on the on-line teaching site for the unit, op sit (n 45).
[65] Lejk et al, 'Group Assessment in Systems Analysis', op cit (n 50), p7, reported that this view had been supported by student feedback. Gibbs concurs. See G Gibbs, Learning in Teams: A Tutor Guide, (Oxford Centre for Staff Development, Oxford, 1995), p8 ('Learning in Teams'). Lejk et al, 'Group Assessment in Systems Analysis', op cit (n 50), p7 and 11 citing G Gibbs, Assessing Student Centred Courses (Oxford, Oxford Centre for Staff Development, 1995).
[66] Lejk et al, 'Group Assessment in Systems Analysis', op cit (n 50), pp 7 and 11 citing G Gibbs, Assessing Student Centred Courses (Oxford, Oxford Centre for Staff Development, 1995).
[67] Hart, op cit (n 46), pp5-6.
[68] Id.
[69] Lejk et al, 'Group Assessment in Systems Analysis', op cit (n 50), pp 8-9 and 11.
[70] Id.
[71] See further Lejk et al, 'Group Assessment in Systems Analysis', op cit (n 50), pp7-11.
[72] Id.
[73] For reasons of practicality, internal students requiring placement were placed in teams with other students from their tutorial groups.
[74] Gibbs, Learning in Teams, op cit (n 66), p8.
[75] The author wishes to acknowledge the valuable assistance of Dr Duncan Nulty, Higher Education Program Evaluation, QUT Teaching and Learning Support Services in the development of the survey.
[76] If the sample is skewed at all, it is towards students who are able to attend on campus.
[77] Although the responses to these questions indicate a significant neutral response, the results are considered indicative of the trend in student opinion. This is reinforced by the low negative response.
[78] This was illustrated in Tables 1 and 2.
[79] See further Table 4.
[80] Due to a number of students withdrawing from the unit, 8 teams were reduced to teams of 2.
[81] One staff member remarked that the assignments were of a much higher quality those submitted by students individually in an earlier offering of the unit.
[82] Cheng and Warren, op cit (n 3), p244 citing G Gibbs, S Habeshaw and T Habeshaw, Interesting ways to assess your students, (Technical and Education Services Ltd, Bristol, 1986)
[83] A quantitative analysis of results in this assignment is explored below.
[84] External students will undertake an exercise at the external school.