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Mediation (LAWS90039)
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
Semester 1
Email: law-aso@unimelb.edu.au
Phone: +61 3 8344 4475
Website: law.unimelb.edu.au
Overview
Availability(Quotas apply) | Semester 1 |
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Fees | Look up fees |
Mediation has developed over the past twenty years from the legal fringes to become the process which resolves more legal disputes than any other. The aim of this course, building on concepts studied in the JD compulsory subject Dispute Resolution, is to develop an understanding of what takes place within the private confines of mediation to make the process effective, and how the different participants interact.
Students will learn both the practice of mediation, through extensive involvement in simulations, and develop a sophisticated understanding of current mediation law and theory.
The subject will examine when and how mediations take place, the roles of all persons involved, the legal frameworks supporting and promoting mediation, and the interaction of mediation with other dispute resolution mechanisms. It will provide an overview of mediation in specific legal contexts, such as commercial litigation and family law, and look in detail at a number of statutory mediation schemes such as the Farm Debt Mediation Act 2011 (Vic.). It will examine mediation as a career within the broader legal landscape and the evolution of the National Mediator Accreditation Scheme. It will also consider international trends on mediation.
Teaching will be through a combination of lectures on specific topics, interactive exercises and mediation simulations, and contributions by visiting speakers with specific expertise.
Intended learning outcomes
A student who has successfully completed this subject will have an advanced and integrated understanding of the role of mediation in resolving disputes, and will be able to:-
- Understand and apply the main theories related to mediation as a form of conflict resolution;
- Identify at what point in a dispute, mediation is likely to be effective;
- Make an informed decision about what style of mediation suits the specific nature of a dispute and the parties;
- Recognise the stages of a typical mediation, and understand how they can be adapted to changing dynamics when appropriate;
- Facilitate a discussion which assists a disputant to understand better their own best interests and how to achieve them;
- Understand the balance between mediators catalysing a useful negotiation and becoming too directive;
- Develop their legal skills to act as advocate and adviser for a party at mediation; and
- Understand the legal framework of mediation accreditation in Australia and mediation trends internationally.
Generic skills
This course will assist students to develop further the following skills:
- Analytical problem solving – through case study exercises to determine options and alternatives at mediation;
- Advocacy- recognising that mediation has a different decision making approach to litigation, so requires a different style of advocacy;
- Judgement under pressure – mediation is about making decisions rather than submitting to judgement;
- Co-ordination of a support team – understanding and maximising the teamwork of parties, solicitors, barristers, experts and other participants and the mediator;
- Communication in emotionally difficult situations – recognising and dealing with the stress of conflict;
- Tactical negotiation – acknowledging that mediation can become a tactical game, and how to play it; and
- Understanding where mediation fits within a broader dispute – seeing mediation in the broader context of legal issues and other practical considerations.
Last updated: 3 November 2022
Eligibility and requirements
Prerequisites
Successful completion of all the below subjects:
Code | Name | Teaching period | Credit Points |
---|---|---|---|
LAWS50023 | Legal Method and Reasoning | Summer Term (On Campus - Parkville) |
12.5 |
LAWS50024 | Principles of Public Law | Semester 1 (On Campus - Parkville) |
12.5 |
LAWS50025 | Torts |
Semester 1 (On Campus - Parkville)
November (On Campus - Parkville)
|
12.5 |
LAWS50026 | Obligations | Semester 1 (On Campus - Parkville) |
12.5 |
LAWS50027 | Dispute Resolution | Semester 1 (On Campus - Parkville) |
12.5 |
Corequisites
None
Non-allowed subjects
Students who have completed any of the below subjects are not permitted to take LAWS90039 Mediation:
LAWS70467
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 in-class mediation simulations and class discussion (10%);
- 1,500 word take-home exam case study asking for advice on alternatives and options in a hypothetical mediation (30%);
- 4,000 word research paper on a topic agreed with the subject co-ordinator (60%).
The due date of the above assessment will be available to students via the Assessment Schedule on the LMS Community.
Last updated: 3 November 2022
Quotas apply to this subject
Dates & times
- Semester 1
Principal coordinator Andrew Moffat Mode of delivery On Campus (Parkville) Contact hours 36 hours Total time commitment 144 hours Teaching period 26 February 2018 to 27 May 2018 Last self-enrol date 4 December 2017 Census date 31 March 2018 Last date to withdraw without fail 4 May 2018 Assessment period ends 22 June 2018 Semester 1 contact information
Email: law-aso@unimelb.edu.au
Phone: +61 3 8344 4475
Website: law.unimelb.edu.au
Additional delivery details
This subject has an enrolment quota of 30 students. Your subject enrolment will not be confirmed until the selection process has been run. Selection is conducted on a random basis with outcomes communicated to students shortly after re-enrolment closes. Please refer to the Melbourne Law School website for more information on the JD Quota Elective selection process.
Last updated: 3 November 2022
Further information
- Texts
Prescribed texts
- Specialist printed materials will be made available from the Melbourne Law School.
- Related Handbook entries
This subject contributes to the following:
Type Name Course Juris Doctor
Last updated: 3 November 2022