78138 Facilitation

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.

UTS: Law
Credit points: 6 cp
Result type: Grade and marks

Requisite(s): (78101c Postgraduate Legal Research AND 79771 Dispute Resolution) OR ((22 credit points of completed study in spk(s): C07122 Graduate Diploma Legal Studies 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) AND 79771 Dispute Resolution) OR (70107c Principles of Company Law AND 79771 Dispute Resolution AND (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) 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): 78137 Facilitation

Description

Facilitative processes are used 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.

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.

Facilitation is taught over a four-day intensive block that is designed to provide a participatory and engaging approach to learning and applying facilitative theory and practice. Through case studies, role-plays and exercises, students engage with, and practise, different approaches and skills used in facilitative processes. Interactive lectures and group discussions assist students to explore the concept that a process, required to address concerns of parties to a dispute, can provide a satisfying and effective outcome that also has the possibility of being transformative for the participants and for the community. The subject also 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. Finally, students may choose their area of research for a written paper and seminar presentation.

Subject learning objectives (SLOs)

1.	Understand and apply facilitation skills and models of facilitated processes, including 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, and the design and implementation of facilitative processes in the justice system, the workplace, and educational and other institutions;
2.	Understand and articulate the central philosophies and theories of consensus-building and restorative processes for the resolution of disputes in both the public and private arena;
3.	Critically analyse, identify, evaluate and synthesise issues relating to 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;
4.	Effectively inform, analyse, report and persuade on issues of facilitation in written and oral communication.

Course intended learning outcomes (CILOs)

This subject also contributes specifically to the development of the following graduate attributes:

• Legal Knowledge
  An advanced and integrated understanding of a complex body of legal knowledge including the Australian legal system, social justice, cultural and international contexts, the principles and values of ethical practice, and contemporary developments in law and its professional practice (1.0)
• Critical Analysis and Evaluation
  A capacity to think critically, strategically and creatively including an ability to identify and articulate complex legal issues, apply reasoning and research to generate appropriate theoretical and practical responses, and, demonstrate sophisticated cognitive and creative skills in approaching complex legal issues and generating appropriate responses (3.0)
• Communication and Collaboration
  Effective and appropriate professional communication skills including highly effective use of the English language, an ability to inform, analyse, report and persuade using an appropriate medium and message and an ability to respond appropriately (5.0)

Teaching and learning strategies

Strategy 1

Independent and self-directed Learning

Preparation activities are outlined on UTSOnline and include resources such as videos, websites and self-directed learning exercises. Engaging with these materials and completing review questions enables students to clarify concepts and terminology and to familiarise themselves with necessary content and skills prior to attending the intensive block. Students continue preparing independently for each day of the intensive by reflecting overnight upon the day’s learning. Days 2 and 3 of the intensive block begin with a review where students share their questions and observations from the previous day. During the intensive, students proactively manage their time when participating in group exercises and role-play opportunities. There is ongoing encouragement for students to learn from each other and responsibly practise new skills by experimenting with ideas in the role-plays as well as reflect on their experiences through class discussion and group reporting. This requirement for self-directed learning and time-management mirrors the requirements of professional practice. Self-management strategies and independent learning are crucial to continuing development as legal professionals and dispute resolution practitioners.

Strategy 2

Engaging in Lectures and Seminars

Intensive block days involve a combination of lectures and interactive workshop sessions. In the lectures, students develop a thorough understanding of facilitative concepts and methods. This prepares them to experiment with practical implementation of the theory in real-world scenarios through the role-play exercises. The lectures provide students with an in-depth understanding of facilitative processes as well as ethical issues that can arise in relation to facilitative practice and consideration of factors such as restorative justice, intractable disputes, power dynamics and transformative practices. Students are encouraged to ask questions, clarify theoretical issues, explore new ideas and practise critiquing theories and literature during participatory lectures, class discussion and debriefing sessions. They also meet with a wide range of experienced practitioners who are leaders in the field and have opportunities to engage in dialogue around contemporary issues. Students are challenged to reflect on their own learned professional behaviours in the light of their new understanding of facilitation.

Strategy 3

Role-plays, Exercises and Debriefs

Throughout the intensive block, students experience the practical aspects of facilitative practice in simulated role-plays and in-depth case studies. Students build on the theoretical knowledge acquired through the subject materials, lectures and discussions to develop effective and appropriate facilitation skills. Splitting into groups at various stages throughout the intensive block, students are given opportunities to actively practise elements of the facilitative process involving non-adversarial techniques. This allows students to gain a hands-on appreciation of the difficulties that can arise in a facilitative process while in a supportive, non-threatening environment. At the end of each day, students share and explore their experiences, gaining insight into the perspectives of those performing other roles in the process. This encourages greater awareness of the factors that can impact a facilitation, provides them with feedback on their personal communication style and heightens their awareness of the issues that can interfere with successful facilitation. Students are also encouraged to engage in reflective self-evaluation of their performance, enhancing their understanding of group dynamics between facilitators and clients in a range of environments.

Strategy 4

Oral Presentations

Students present their research findings to their peers during the seminar day (following the intensive 3 day block). Feedback from oral presentations is instructive for the final research essay. This task provides an opportunity to develop oral advocacy skills and demonstrate an advanced and integrated knowledge of, and critical engagement with, dispute resolution theories and/or practices. Students receive feedback from their peers and teachers on their knowledge of a subject area, their skills in analysing and evaluating complex problems and their ability to communicate their thoughts and relevant information in a clear, coherent and confident manner.

Strategy 5

Feedback

Individual and group feedback is provided to students during and after completion of each role-play throughout the intensive block. Students receive ‘on the spot’ instruction and support from teaching staff as well as having many opportunities to discuss their experiences with their peers and engage in individual self-evaluation. Students incrementally develop and increase their facilitation skills through engaging with practising professionals, experimenting with new techniques in simulations, receiving feedback and adjusting their approaches and understanding over the subject of the intensive block. The formal debrief which concludes each simulation also ensures that students integrate practice with theory and reflect on their improvement as the subject progresses.

Subject Delivery

The subject is presented in block mode over 4 days: a three-day intensive block plus one seminar day.

The intensive block will take place on Thursday 10 August, Friday 11 August and Saturday 12 August and the seminar day on Saturday 21 October.

Ninety percent attendance (90%) of this programme is a requirement for successful completion of this subject. Attendance for all student presentations is a pre-requisite for assessment in this subject.

Content (topics)

• Introduction to Facilitation in public and private arena disputes
• Consensus-building processes:
  • Issues, themes and terminology
  • Understanding coalition-building processes
• Consensus-building processes: preliminary processes
  • The conflict assessment – planning and conducting
  • Contracting and convening
• Consensus-building processes: Building consensus
  • The deliberating process
  • Collaborating and coalescing
• The skills of the facilitator in multi-party public arena disputes:
  • Values mapping and other 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
• Understanding restorative conferencing
• Restorative processes:
  • Issues, themes and terminology
  • History, philosophy and theory development of restorative practices
• 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
• 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
• The skills of the facilitator in restorative processes: models and strategies
• New frontiers: the extension of the use of restorative facilitation processes and new designs and models.

Assessment

Assessment task 1: Facilitation Case Study

Intent:	This assessment task is intended to assess students’ engagement with, and understanding of, consensus building, restorative justice and facilitative processes by integrating the theory into a real world scenario.
Objective(s):	This task addresses the following subject learning objectives: 1, 2, 3 and 4 This task contributes specifically to the development of the following graduate attributes: 1.0, 3.0 and 5.0
Weight:	40%
Length:	2,000 words
Criteria:	Clear, concise and effective communication in addressing the task question; Evidence of engagement with class materials and understanding of the facilitative process; Articulate evaluation of ethical and practical issues relevant to the facilitative process in the context of the chosen scenario; Analysis of potential problems in relation to the people and the process and adaptation of the process to suit the chosen scenario; Critical reflection on the challenges of facilitation in the context of this scenario.

Assessment task 2: Seminar Presentation

Intent:	This task provides an opportunity to develop oral advocacy skills. It assesses students’ ability to effectively and professionally communicate relevant, timely and critical research and analyses of a facilitation topic. It also provides students with feedback on performance in the subject in relation to skills in analysing and evaluating complex problems and effectively communicating solutions.
Objective(s):	This task addresses the following subject learning objectives: 1, 2, 3 and 4 This task contributes specifically to the development of the following graduate attributes: 1.0, 3.0 and 5.0
Weight:	20%
Length:	10 minutes; 1,500 word equivalent
Criteria:	Advanced and integrated capacity to critically analyse selected topic area; Effective and appropriate communication of topic knowledge; Evidence of relevant research of primary and secondary materials; Capacity to think critically, strategically and creatively about the subject matter; Advanced and integrated recognition, reflection, and response(s) to ethical issues arising in the topic area.

Assessment task 3: Research Paper

Intent:	This task is intended to assess students’ ability to critically analyse one of the theoretical areas presented in the lecture program and to review, distinguish and incorporate relevant primary and secondary sources in building a persuasive argument in writing in relation to the pertinent practical and professional issues identified. Students are expected to reflect on, and clearly communicate, their understanding of ethical issues and professional responsibility in the chosen context.
Objective(s):	This task addresses the following subject learning objectives: 1, 2, 3 and 4 This task contributes specifically to the development of the following graduate attributes: 1.0, 3.0 and 5.0
Weight:	40%
Length:	3,000 words
Criteria:	Critical analysis and engagement with major theoretical issues in relation to facilitation, restorative justice or consensus building processes; Clear and persuasive argument developed and sustained through the essay; Evidence of relevant research of primary and secondary materials to inform, analyse, report and persuade; Capacity to think critically, strategically and creatively and ability to identify and articulate complex socio-legal and other cross-disciplinary issues.

Required texts

There is no prescribed text for this subject. However, relevant readings are posted on UTSOnline.

Recommended texts

Ahmed, E. Harris, N. Braithwaite, J. & Braithwaite, V. (2001) Shame Management through Reintegration Cambridge University Press Barton, Charles K. B. (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

References

Ahmed, E. Harris, N. Braithwaite, J. & Braithwaite, V. (2001) Shame Management through Reintegration Cambridge University Press

Barton, Charles K. B. (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