78029 Mediation Practice

6cp
Requisite(s): (79771c Dispute Resolution AND 78101c Postgraduate Legal Research) OR ((22 credit points of completed study in spk(s): C04147 Master of Legal Studies OR 22 credit points of completed study in spk(s): C07074 Graduate Diploma Legal Studies OR 22 credit points of completed study in spk(s): C04264 Master of Legal Studies OR 22 credit points of completed study in spk(s): C07122 Graduate Diploma Legal Studies) AND 79771c Dispute Resolution) OR 77885c Legal Process and Legal Research OR ((94 credit points of completed study in spk(s): C04236 Juris Doctor OR 142 credit points of completed study in spk(s): C04250 Juris Doctor Master of Business Administration) AND 70106c Principles of Public International Law AND 70107c Principles of Company Law AND 79771c Dispute Resolution) OR (94 credit points of completed study in spk(s): C04320 Juris Doctor Graduate Certificate Professional Legal Practice AND 70106 Principles of Public International Law)
The lower case 'c' after the subject code indicates that the subject is a corequisite. See definitions for details.
These requisites may not apply to students in certain courses.
There are course requisites for this subject. See access conditions.
Anti-requisite(s): 78174 Mediation Practice

Description

Mediation has become the most popular facilitative process for the resolution of disputes, providing a real alternative to the adversarial system for many conflicts. With its focus on seeking a win-win solution, preserving and repairing relationships, and self-determination by the parties, mediation offers a flexible, less costly, faster and less stressful way to resolve disputes. The potential for mediation to support the overriding purpose of the courts to provide quick, cheap and just resolution of the real issues in dispute, and to relieve the burden of long waiting lists for access to judicial determination, has seen mediation grow in acceptance by the judiciary and the legislature in many Australian jurisdictions.

This mediation practice 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. Students learn about 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.

This subject frames the roles of the participants, the mediation processes available and the trend toward institutionalisation in a skill-based and theory-informed block mode intensive subject. Through role-plays, exercises and interactive discussion, students critically analyse the legal, ethical and normative issues relating to mediation practice in Australia. In doing so, students further develop critical appraisal of the current debates surrounding training, accreditation and accountability of mediators.

This subject is taught in an interactive mode with an emphasis on the use of simulations and role plays to explore theory. The prime assessment is a research paper selected from a list of current issues and the secondary assessment is a case study presented in a seminar format. Students are also assessed on their reading and preparation and participation in workshops and discussions with daily written and oral reviews.

Footnote(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.

Detailed subject description.