78137 Facilitation
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Credit points: 8 cp
Result type: Grade and marks
Requisite(s): (78100c Postgraduate Legal Research AND 78136 Dispute Resolution) OR (78136 Dispute Resolution AND (102 credit points of completed study in spk(s): C04236 Juris Doctor OR 102 credit points of completed study in spk(s): C04250 Juris Doctor Master of Business Administration))
The lower case 'c' after the subject code indicates that the subject is a corequisite. See definitions for details.
There are course requisites for this subject. See access conditions.
Anti-requisite(s): 78138 Facilitation
Description
This subject covers the range of facilitative processes and techniques applied to the resolution of disputes in both the public and private arenas. Students are introduced to the extensive scholarship, strategies and skills that are required for the resolution of disputes using consultative, consensus-seeking and restorative processes with the assistance of a facilitator. The subject focuses on the use of these processes in the resolution of a broad range of multi-party disputes where mediation and conciliation processes are not indicated. The subject examines the design and use of these processes in:
- the public arena, such as environmental and other multi-party disputes involving governmental and quasi-governmental, social and community concerns
- the juvenile and adult criminal justice system
- family and civil law systems, such as in the resolution of family welfare disputes and multi-party family or community-based disputes
- schools and other educational organisations and other institutions where the needs of community behaviour require disciplinary systems that are both restorative and educational.
In addition, the subject examines, generally, where a process, required to address concerns of parties to a dispute, is able to provide a satisfying and effective outcome that also has the possibility of being transformative for the participants and for the community. In particular, the subject involves students in the critical study of the scholarship, the philosophy and values, the skills and the issues arising out of the application of these facilitative processes.
Subject learning objectives (SLOs)
Upon successful completion of this subject students should be able to:
| 1. | understand facilitation skills and models of facilitated processes; |
|---|---|
| 2. | understand the central philosophies and theories of consensus-building and restorative processes for the resolution of disputes in both the public and private arena; |
| 3. | understand the processes of conflict analysis and assessment, identification of stakeholders, and the principles of design of appropriate processes to manage and facilitate the resolution of such disputes, including the design and implementation of facilitative processes in the justice system, the workplace, and educational and other institutions; |
| 4. | understand the management of specific issues in multi-party public and private arena disputes including those of coalition building, recognising values and ethics, difficult parties and the 'intractable' dispute; |
| 5. | understand other influences upon such resolution process. |
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) - Communication and Collaboration
Effective and appropriate academic and professional communication skills including:
Highly effective use of the English language, to convey and comprehend, legal concepts and views, in relevant and appropriate modes and to different audiences;
An ability to communicate to inform, analyse, report, evaluate, argue and persuade; and
An ability to express and structure a sustained and logical argument (5.0)
Teaching and learning strategies
Strategy 1 Information delivery and class discussion during the three-day intensive teaching program.
Strategy 2 Participation in class exercises and role plays.
Strategy 3 Reading and research for the preparation of a research paper of an appropriate level of scholarship.
Strategy 4 Class presentations by fellow students of their research topics on the seminar day.
Lecture Format &Tutorial Format and Expectation of Student Participation
The subject will be taught by a variety of strategies including class discussions, exercises and role plays.
As student attendance and participation in the workshops in the intensive program and for the whole of the presentation seminar day is very important to their learning and understanding, student attendance and participation for not less than 90% of the total time of the Intensive and presentation seminar is a pre-requisite for assessment.
Content (topics)
- Introduction to Facilitation in public and private arena disputes
- Consensus-building processes: Issues, themes and terminology
- Restorative processes:
- Issues, themes and terminology
- History, philosophy and theory development of restorative practices
- Consensus-building processes: preliminary processes
- The conflict assessment – planning and conducting
- Contracting and convening
- Understanding coalition-building processes
- Consensus-building processes: Building consensus
- The deliberating process
- Collaborating and coalescing
- Understanding restorative conferencing
- Restorative Processes: Models of restorative practices –
- the conferencing circle in indigenous and non- indigenous restorative processes
- Victim and offender restorative justice
- Family conferencing
- Community conferencing
- Schools and other institutional restorative processes with education/rehabilitation plus restoration aims.
- The skills of the facilitator in multi-party public arena disputes: values mapping and other models and strategies
- The skills of the facilitator in restorative processes: models and strategies
- Special issues in multi-party facilitation:
- Consultative processes versus consensus-building processes
- Dealing with an angry public
- Dealing with media interest
- The role of the representative of a constituency
- The "intractable" dispute
- Recognition of values and ethics
- Special issues in restorative facilitation:
- retribution versus restoration: reconciling conflicting societal, victim and offender needs
- The role of forgiveness
- The role of transformative techniques and practices
- New frontiers: the extension of the use of restorative facilitation processes and new designs and models.
Assessment
Assessment task 1: Research seminar presentation
| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3, 4 and 5 This task contributes specifically to the development of the following graduate attributes: .1, 1.0 and 5.0 |
|---|---|
| Weight: | 20% |
| Length: | 2,000 words equivalence |
Assessment task 2: Research paper
| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3, 4 and 5 This task contributes specifically to the development of the following graduate attributes: .1, 1.0 and 5.0 |
|---|---|
| Weight: | 80% |
| Length: | 5,000 words |
Required texts
There are no prescribed texts in this subject.
Recommended texts
-
Day 1 Readings
Hogan, C (2005) Understanding facilitation: Theory & principles, Kogan Page Ltd.
Movius, H, & Susskind, L (2009) Built to win: Creating a world-class negotiating organisation. Especially chapters 1 & 2
Susskind, L, Moomaw, W, & Gallagher, K (Eds.) (2002). Transboundary environmental negotiation: new approaches to global cooperation. Especially chapters 2 & 12
Susskind, L (1994) Environmental diplomacy: negotiating more effective global agreements. Especially chapters 1, 2 & 7
Lewicki, R, Gray, B, & Elliott, M (Eds) (2002) Making sense of intractable environmental conflicts: Concepts and cases.
Especially pp. 1--59; 409--435; and at least one case study from the book
Menkel-Meadow, C (2008). Getting to 'Let's Talk': Comments on Collaborative Environmental Dispute Resolution Processes. Nevada Law Journal, 8, 835-852.
Mizrahi, T, & Rosenthal, B B (2001). Complexities of coalition building: Leaders' successes, strategies, struggles, and solutions. Social Work, 46(1), 63-78.
Hogan, C (2007) Facilitating multicultural groups: A practical guide.Especially chapters 7 & 8
Heckscher, C, & Hall, L (1994) Mutual gains and beyond: Two levels of intervention. Negotiation Journal, 10(3), 235-248.
- Day 2 Readings
- Zehr, H, & Tiews, B (2004) Critical issues in restorative justice.
Wiesenthal, S (2008) The sunflower: On the possibilities and limits of forgiveness.
Umbreit, M, Umbreit, M S, & Armour, M P (2010) Restorative justice dialogue: An essential guide for research and practice.
Daly, K & Immarigeon, R (1998) “The past, present, and future of restorative justice: some critical reflections.” The Contemporary Justice Review 1 (1): 21-45.
Delgado, R (2000). "Prosecuting violence: A colloquy on race, community, and justice." Stanford Law Review, 52, 751.
Morris, A (2002) Critiquing the critics: A brief response to critics of restorative justice. British Journal of Criminology, 42(3), 596-615.
Nathanson, D (1992) Shame and Pride, Affects, Sex, and the Birth of Self
- Day 3 Readings
Wachtel, T (1997) Real justice.
Rosenberg, M B (2003) Nonviolent communication: A language of life.
Beck, E, Kropf, NP, & Leonard, PB (Eds) (2010) Social work and restorative justice: Skills for dialogue, peacemaking, and reconciliation. Especially chapters 8—10
Stone, D, Patton, B and Heen, S (2010) Difficult conversations: How to discuss what matters most.
Miller, KI (2007) Compassionate communication in the workplace: Exploring processes of noticing, connecting, and responding. Journal of Applied Communication Research, 35(3), 223-245.
Susskind, L (2006) Breaking Robert's rules. Negotiation Journal, 22(3), 351-355.
Constantino, C (2007) "Managing Facilitation and Consensus-Building Processes: Forget the Discipline and Break the Rules" Negotiation Journal 23 (2): 19-201.
Susskind, L, McKearnan, S, & Thomas-Lamar, J (Eds) (1999) The consensus building handbook: A comprehensive guide to reaching agreement.
Coleman, P (2011) The five percent: Finding solutions to seemingly impossible conflicts; or, at the very least:
Gadlin, H (2013) Rethinking Intractability: A New Framework for Conflict. Negotiation Journal, 29(1), 99-117.
References
Ahmed, E, Harris, N, Braithwaite, J & Braithwaite, V (2001) Shame Management through Reintegration, Cambridge University Press
Barton, Charles KB (2003) Restorative Justice. The Empowerment Model, Hawkins Press
Braithwaite, J (1989) Crime, Shame and Reintegration, Cambridge University Press
Ghais, S (2005) Extreme facilitation: Guiding groups through controversy and complexity.
Menkel-Meadow, C (2008) Lawyer as Consensus Builder: Ethics for a New Practice, Tennessee Law Review, 70, 63
Susskind, LE and Field, P (1996) Negotiating with an Angry Public
Susskind, L (1994) Environmental diplomacy: Negotiating more effective global agreements.
Zehr, H (1990) Changing Lenses: A New Focus for Criminal Justice
Other resources
- The International Institute of Restorative Practices (IIRP) www.restorativepractices.org
- Real justice www.realjustice.org
- The Australasian Dispute Resolution Journal
- Negotiation Journal
