78029 Mediation Practice

Requisite(s): 79771c Dispute Resolution (PG) AND (60 credit points of completed study in C04148 Master of Law and Legal Practice OR 77885 Legal Process and Legal Research)

These requisites may not apply to students in certain courses. See access conditions.

The subject studies the philosophy, theory and practice of mediation as a dominant generic dispute resolution process. It considers the roles of all parties in the mediation process and the legal, ethical and normative framework in which the process is provided. The subject looks at the selection criteria for mediation, both by private parties and by curial reference, and the institutionalisation of mediation by courts and public bodies.

Also covered are the stages in the mediation process and the skills required for competent mediation practice.

Mediation practice is the frame for the following topics.

• The development of mediation practice and philosophies in the Australian context.
• The mediation process and the roles of the participants.
• Critical appreciation of the trend to institutionalise mediation.
• The legal, ethical and normative issues that relate to mediation practice.
• Critical appraisal of the current debates surrounding training, accreditation and accountability of mediators.

This subject is taught in intensive mode with an emphasis on the use of simulations to explore theory. The prime assessment is a research paper selected from a list of current issues and the secondary is a case study presented in a seminar format.

Assessment: Seminar presentation (20 per cent), written paper (50 per cent) and a strategy for a mediation (30 per cent)

Note(s)

Students who completed 79771 Dispute Resolution before Autumn, 2006 should not enrol in this subject. This subject was previously taught as part of 79771 Dispute Resolution.