77746 Advanced Mediation
Warning: The information on this page is indicative. The subject outline for a
particular session, location and mode of offering is the authoritative source
of all information about the subject for that offering. Required texts, recommended texts and references in particular are likely to change. Students will be provided with a subject outline once they enrol in the subject.
Subject handbook information prior to 2017 is available in the Archives.
Credit points: 6 cp
Result type: Grade and marks
Requisite(s): ((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 79771 Dispute Resolution AND 78029 Mediation Practice) 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 79771 Dispute Resolution AND 78029 Mediation Practice) OR (70106 Principles of Public International Law AND 94 credit points of completed study in spk(s): C04320 Juris Doctor Graduate Certificate Professional Legal Practice)
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.
Description
This subject examines the development of emerging mediation models, their adaptations for specific contexts and the advanced skills that are required for practitioners to conduct these often sophisticated processes. The subject builds on the introductory theory and practice of mediation presented in the prerequisite subjects (Dispute Resolution 79771 and Mediation Practice 78029). The subject is taught in a three-day intensive mode to develop advanced skills as professional advocates in complex mediations. With opportunities in selected exercises to develop skills and reflective practice, students receive specific feedback from experts and colleagues. Experienced mediators and expert practitioners work with students to build skills, strategies, and techniques to successfully and competently engage and analyse across a range of mediation models including the ‘Understanding’ model developed by Harvard Law School and the New York Center for Mediation. Through complex mediation simulations, debriefs, and interactive lectures with experienced mediators, students develop advanced mediations skills for complex mediations. By successively building on previous skills, students develop the ability to critically engage and analyse a range of mediation models and techniques.
Subject learning objectives (SLOs)
Upon successful completion of this subject students should be able to:
| 1. | Research, critically analyse, and communicate complex theories, concepts, and mediation practices; |
|---|---|
| 2. | Apply an advanced and integrated critical analysis of mediation to select the most appropriate mediation model for a particular dispute; |
| 3. | Analyse, evaluate and apply sophisticated cognitive and creative skills in a range of mediation models, including techniques used by experienced mediators and those used in complex dynamics; |
| 4. | Evaluate and critique the practice of mediation across a range of cultural, critical, strategic, and creative perspectives; |
| 5. | Construct clear, succinct, reasoned, integrated and insightful analysis and arguments that are supported by interdisciplinary research and scholarship. |
Course intended learning outcomes (CILOs)
This subject also contributes specifically to the development of the following graduate attributes:
- Disciplinary Knowledge
An advanced and integrated understanding of a complex body of legal knowledge including:
A range of non-adversarial dispute resolution processes including commercial, family, community and court annexed processes; and
The broader contexts within non-adversarial dispute resolution processes operate and arise including consensual processes, decisional theory, regulatory, cultural, social justice, and ethical contexts. (1.0) - Critical Analysis and Evaluation
A capacity to think critically, strategically and creatively about non-adversarial dispute resolution processes, including the ability to identify and articulate complex issues, apply reasoning and research to generate appropriate responses to problems and engage in critical analysis (3.0)
Teaching and learning strategies
Strategy 1: Student preparation and independent learning
Students prepare for lectures, seminars and workshops by reflecting upon what they have learnt after each class. Self-management strategies, research, and independent learning are crucial to continuing development as legal professionals and dispute resolution practitioners. As is expected in practice, students proactively manage their time, reflect on their own progress, and responsibly practise new skills and research methods. This requirement for self-directed learning and research as well as time-management mirrors the requirements of professional legal practice. Preparation is outlined on UTSOnline and relates directly to class-time and students’ abilities to engage in lectures and exercises. Class-time provides opportunities for students to practise the skills and theories presented in previous classes and the subject material. Subject material is available on UTSOnline and students are expected to familiarise themselves with the content and skills covered in the materials prior to lectures, seminars, and workshops. Students are also required to engage with other online resources such as videos, websites, and exercises enable students to clarify concepts and terminology.
Strategy 2: Information delivery and class discussion during the three-day intensive program
This subject benefits from the real time delivery of content. Lectures and seminars enable students to clarify, discuss and develop mediation concepts and skills. Students will have opportunities during class discussion and debriefing sessions to discuss questions and check understanding. Lectures and seminars provide participatory spaces where students interact with each other and the lecturer to develop mediation skills, discuss issues, ask questions, and clarify concepts. By engaging with and clarifying concepts, students practise critiquing theories and literature. Much of the content for lectures and seminars is supported by online preparation and resources.
Strategy 3: Participation in class exercises and role plays
The intensive programme provides an opportunity for students to experience the practical aspects of mediation in simulated role-plays and other mediation exercises. Students build on the theoretical knowledge acquired through the course and subject materials, lectures, seminars and develop communication skills. Immediate feedback and skill critique is provided during and after role-plays have been completed. By incrementally testing skills, providing feedback, and adjusting approaches with each mediation exercise, students have an opportunity to practise critical approaches necessary for the Assessment Task 1. The formal debrief which follows each mediation session ensures that students have the opportunity to review their progress and to build on skills as the subject progresses. Additionally, these feedback and debrief practices provide students with the opportunity to critically engage, test, and adapt evaluation techniques and approaches. As students become more familiar with evaluative perspectives, they become better prepared for the evaluation in Assessment Task 2.
Subject Delivery
This subject is presented as a block-mode intensive program of three full days of on-campus sessions, plus one day of case study presentations. These four day sessions are supplemented by the student’s readings and research in the area of the subject. The intensive program includes lectures, discussions, simulations and student presentations.
Students are expected to attend each day for the full program and full attendance and participation is a pre-requisite for assessment.
ATTENDANCE AT 80% OF CONTACT HOURS IS REQUIRED TO SUCCESSFULLY COMPLETE THIS SUBJECT.
Content (topics)
- Introduction and overview of subject
- The range of mediation models
- Narrative Mediation: Theory and Practice
- Transformative Mediation: Theory and Practice
- Relational Mediation or the Understanding model.
- Insight mediation: A Learning Centred model.
- Holistic Mediation: Theory and Practice
- Bioethics mediation
- Traditional cultural models
- Micro skills in complex models
- Case studies
Assessment
Assessment task 1: Case Study Presentation
| Intent: | This task assesses students’ ability to select, analyse and develop appropriate mediation processes. This includes the skills to research, assess, and communicate theoretical support and evidence for the selected approach(es). |
|---|---|
| Objective(s): | This task addresses the following subject learning objectives: 1, 2 and 5 This task contributes specifically to the development of the following graduate attributes: 1.0 and 3.0 |
| Weight: | 35% |
| Length: | 2,000 word equivalence |
| Criteria: |
|
Assessment task 2: Research Essay
| Intent: | This task assesses students’ critical analysis of mediation stages and/or models of mediation. |
|---|---|
| Objective(s): | This task addresses the following subject learning objectives: 1, 3, 4 and 5 This task contributes specifically to the development of the following graduate attributes: 1.0 and 3.0 |
| Weight: | 65% |
| Length: | 3,500 words |
| Criteria: |
|
Required texts
Reading Materials will be posted on UTSOnline.
Recommended texts
- David W Augsberger, Conflict Mediation Across Cultures: Pathways and Patterns (John Know Press, 1992)
- Robert A Baruch Bush and Joseph P Folger, The Promise of Mediation: The Transformative Approach to Conflict (Jossey-Bass, 2004)
- Larrisa Behrendt and Loretta Kelly, Resolving Indigenous Disputes: Land Conflict and Beyond (Federation Press, 2008)
- Ruth Charlton and Micheline Dewdney, The Mediators Handbook: Skills and Strategies for Practitioners (Law Book Co,3rd ed, 2014)
- Kenneth Cloke, Mediating Dangerously: The Frontiers of Conflict Resolution (Jossey-Bass, 2001)
- Christopher W Moore,The Mediation Process: Practical Strategies for Resolving Conflict (Jossey-Bass, 2003)
- John Winslade and Gerald Monk, A Narrative Model of Mediation: A New Approach to Conflict Resolution (Jossey-Bass, 2000)
- Gerald D Monk et al (eds) Narrative Therapy in Practice: The Archaeology of Hope (Jossey-Bass, 1997)
