78174 Mediation Practice
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Subject handbook information prior to 2017 is available in the Archives.
Credit points: 8 cp
Result type: Grade and marks
Requisite(s): ( 78100c Postgraduate Legal Research OR ((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): 78029 Mediation Practice
Description
This subject is an introduction to the philosophy, theory and practice of dispute resolution, an area of increasing importance in all professions, business, and government. The new legal advocacy is based on the principles and processes studied in this subject. The subject content reflects the changes in the many state and federal jurisdictions necessary to integrate a range of voluntary and compulsory dispute resolution processes with adversarial proceedings. The subject also covers the development and application of an ever-widening range of private and public situations dispute resolution processes required under legislation or government and professional requirements. This emerging practice of professional dispute resolution is examined both within and outside the legal profession. Overall, the subject encourages students to think critically and reflexively about this emerging area of practice, the legal, professional and policy issues, and to learn the core practical skills.
Subject learning objectives (SLOs)
Upon successful completion of this subject students should be able to:
| 1. | understand the development and philosophies of mediation in the Australian context; |
|---|---|
| 2. | demonstrate knowledge and understanding of the mediation process and the roles and responsibilities of the participants; |
| 3. | demonstrate knowledge and critical appreciation of the trend to institutionalise mediation; |
| 4. | demonstrate knowledge and critical appreciation of the legal, ethical and normative issues that relate to mediation practice; |
| 5. | demonstrate knowledge and critical appraisal of the current debates surrounding training standards, accreditation and professional accountability. |
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) - Ethics and Professional Responsibility
An advanced and integrated capacity to value and promote honesty, integrity, accountability, public service and ethical standards including an understanding of approaches to ethical decision making, the rules of professional responsibility, an ability to reflect upon and respond to ethical challenges in practice, and a developing ability to engage in the profession of law and to exercise professional judgment. (2.0) - Self management
A high level of autonomy, adaptability, accountability and professionalism, and, the ability to implement appropriate self-management and lifelong learning strategies including:
The ability to support personal and professional development by reflecting on and assessing their own capabilities and performance, making use of feedback as appropriate, and then developing and implementing strategies for improvement, making use of available resources and assistance as appropriate; and
A capacity to adapt to and embrace change and a commitment to ongoing learning. (6.0)
Teaching and learning strategies
Strategy 1 Lectures: Information delivery and class discussion during the three-day intensive teaching program.
Strategy 2 Simulated role plays and debriefing: Participation in class exercises and role plays as part of an integrated learning system, which is based on experiential and adult learning principles so that theory and practice are closely integrated.
Strategy 3 Student seminar presentations: students learn from each other in a series of student-led discussions on their research on significant current topics on both theory and practice.
Strategy 4 Research paper: students explore and critical review current mediation theory and practice.
Subject Delivery
The subject will be delivered over four days in Block Mode.
Lecture Format:
The course will be delivered in seminar format allowing for student participation.
Tutorial Format and Expectation of Student Participation:
Students are expected to participate in all seminars.
Content (topics)
- A short history of the evolution of mediation
- Generic facilitation mediation model:
- Managing initial contacts with the disputing parties
- Selecting a strategy to guide the mediation
- Roles and functions in mediation
- Skills and techniques of mediators:
- Conducting productive mediations
- Beginning the mediation session
- Defining the problem and setting the agenda
- Uncovering interests and exploring the issues
- Generating options and bargaining
- Formal agreement and settlement
- Mediation in practice
- Quality, standards and accountability in mediation
- Training and accreditation
- Legislative provisions and schemes
- Voluntary v mandatory mediation
- Enforceability of mediation clauses
- Confidentiality and privilege
- Liability and immunity
- Enforceability of settlement contracts
Assessment
Assessment task 1: Seminar presentation
| Intent: | To demonstrate an understanding of mediation skills and theory. |
|---|---|
| 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: 1.0, 2.0 and 6.0 |
| Weight: | 30% |
Assessment task 2: Research paper
| Intent: | Understanding the connection between theory and practice and the dynamics of mediation and demonstrating a sound knowledge of the facilitation model of mediation |
|---|---|
| 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: 1.0, 2.0 and 6.0 |
| Weight: | 70% |
| Length: | 5,000 words |
Minimum requirements
PLEASE NOTE ATTENDANCE ON ALL FOUR DAYS IS A COMPULSORY REQUIREMENT FOR SUCCESSFUL COMPLETION OF THIS SUBJECT.
Required texts
Mediation Practice Reading Materials will be available at UTSonline.
- Charlton, R & Dewdney, M The Mediator's Handbook: Skills and Strategies for Practitioners. Third Edition Lawbook Co 2014
Recommended texts
- Boulle, L, Mediation: Principles, Process, Practice, Third Edition, Lexis Nexis Butterworths, 2011.
- Spencer, D & Hardy, S Dispute Resolution in Australia: Cases, Commentary and Materials 3rd Edition Lawbook Co 2014
- Hardy, S & Rundle, O, Mediation for Lawyers, CCH, 2010
References
- Moore, CW The Mediation Process: Practical Strategies for Resolving Conflict Third Edition Revised Jossey-Bass San Francisco 2003
- Sourdin, T Alternative Dispute Resolution Fourth Edition Lawbook Co 2012
Other resources
- Australasian Dispute Resolution Journal
- Bond Law Review
- Negotiation Journal
- Conflict Resolution Quarterly
- Harvard Law Review
- Ohio State Journal on Dispute Resolution
- Osgoode Hall Law Journal
Websites
