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Mediation in Commerce (LAWS90048)
Graduate courseworkPoints: 12.5On Campus (Parkville)
About this subject
- Overview
- Eligibility and requirements
- Assessment
- Dates and times
- Further information
- Timetable(opens in new window)
Contact information
March
Lecturers
Mr Alan Limbury, Coordinator
Dr Rosemary Howell
Email: law-masters@unimelb.edu.au
Phone: +61 3 8344 6190
Website: law.unimelb.edu.au
Overview
Availability(Quotas apply) | March |
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Fees | Look up fees |
With a primary focus on experiential learning and interactive discussion, this subject will provide a practical guide to the use of mediation in commercial disputes and to the legal environment in which commercial mediation takes place. The objectives of this subject are to identify where mediation sits among available dispute resolution processes; its distinguishing characteristics and advantages; the applicable legal environment; the styles of mediation generally employed in commercial disputes such as insurance, construction, retail tenancy, intellectual property infringement and licensing and government regulation; to learn to apply mediation principles and techniques in the resolution of commercial disputes; and to explore topical issues in commercial mediation, including how and when to use hybrid processes such as Arb-Med-Arb, and different regimes applicable to the admissibility of evidence of communications within mediation.
The lecturers are lawyers who have led and been at the cutting-edge of developing mediation and other ADR techniques. They are nationally accredited mediators and also have substantial experience in teaching and training in this field.
Principal topics include:
- Identifying the characteristics of different dispute resolution methods
- The roles of facilitative and evaluative techniques in commercial mediation
- Practising mediation techniques in a commercial mediation scenario
- The legislative environment in which commercial mediation takes place
- Case law and guidelines for lawyers applicable to commercial mediation.
Intended learning outcomes
A student who has successfully completed this subject will:
- Have a sophisticated appreciation of the place of mediation on the dispute resolution continuum and the distinguishing characteristics of mediation in commerce
- Have the cognitive, technical and creative skills to identify, prepare for and engage effectively in the various stages of commercial mediation, through the opportunities provided by experiential learning
- Have an advanced and integrated understanding of the legal principles governing commercial mediation and recent developments in the field, including in relation to confidentiality and inadmissibility
- Have a detailed understanding of the role played by courts and the legislature in encouraging and directing mediation in commerce and the differing characteristics of voluntary and court-ordered mediation.
Last updated: 3 November 2022
Eligibility and requirements
Prerequisites
Melbourne Law Masters Students: None
JD Students: Successful completion of the below subject:
Code | Name | Teaching period | Credit Points |
---|---|---|---|
LAWS50024 | Principles of Public Law | Semester 1 (On Campus - Parkville) |
12.5 |
Corequisites
None
Non-allowed subjects
None
Recommended background knowledge
Applicants without legal qualifications should note that subjects are offered in the discipline of law at an advanced graduate level. While every effort will be made to meet the needs of students trained in other fields, concessions will not be made in the general level of instruction or assessment. Most subjects assume the knowledge usually acquired in a degree in law (LLB, JD or equivalent). Applicants should note that admission to some subjects in the Melbourne Law Masters will be dependent upon the individual applicant’s educational background and professional experience.
Inherent requirements (core participation requirements)
The University of Melbourne is committed to providing students with reasonable adjustments to assessment and participation under the Disability Standards for Education (2005), and the Assessment and Results Policy (MPF1326). Students are expected to meet the core participation requirements for their course. These can be viewed under Entry and Participation Requirements for the course outlines in the Handbook.
Further details on how to seek academic adjustments can be found on the Student Equity and Disability Support website: http://services.unimelb.edu.au/student-equity/home
Last updated: 3 November 2022
Assessment
Additional details
- Participation in class exercises (5%) and role plays (15%), including supporting the learning of others
- Group project, including a mediation plan and opening address (30%)
- 4,000 - 5,000 word research paper (50%) (7 June) on a topic approved by the subject coordinator
- Reflective journal following classes (hurdle requirement, but no mark awarded)
A minimum of 75% attendance is a hurdle requirement.
Last updated: 3 November 2022
Quotas apply to this subject
Dates & times
- March
Principal coordinator Alan Limbury Mode of delivery On Campus (Parkville) Contact hours 24-26 hours Total time commitment 150 hours Pre teaching start date 1 March 2017 Teaching period 29 March 2017 to 4 April 2017 Last self-enrol date 28 February 2017 Census date 29 March 2017 Last date to withdraw without fail 5 May 2017 Assessment period ends 7 June 2017 March contact information
Lecturers
Mr Alan Limbury, Coordinator
Dr Rosemary HowellEmail: law-masters@unimelb.edu.au
Phone: +61 3 8344 6190
Website: law.unimelb.edu.au
Time commitment details
136-150 hours The pre-teaching period commences four weeks before the subject commencement date. From this time, students are expected to access and review the Reading Guide that will be available from the LMS subject page and the subject materials provided by the subject coordinator, which will be available from Melbourne Law School. Refer to the Reading Guide for confirmation of which resources need to be read and what other preparation is required before the teaching period commences.
Additional delivery details
This subject has a quota of 30 students. Please refer to the Melbourne Law Masters website for further information about the management of subject quotas and waitlists.
Last updated: 3 November 2022
Further information
- Texts
Prescribed texts
Specialist printed materials will be made available free of charge from the Melbourne Law School prior to the pre-teaching period.
- Related Handbook entries
This subject contributes to the following:
Type Name Course Master of Public and International Law Course Graduate Diploma in Construction Law Course Master of Construction Law Course Graduate Diploma in Dispute Resolution Course Graduate Diploma in Legal Studies Course Juris Doctor Course Master of Commercial Law Course Master of Laws Course Master of Private Law - Links to additional information
law.unimelb.edu.au
- Available through the Community Access Program
About the Community Access Program (CAP)
This subject is available through the Community Access Program (also called Single Subject Studies) which allows you to enrol in single subjects offered by the University of Melbourne, without the commitment required to complete a whole degree.
Entry requirements including prerequisites may apply. Please refer to the CAP applications page for further information.
Additional information for this subject
If required, please contact law-admissions@unimelb.edu.au for subject coordinator approval.
Last updated: 3 November 2022