Mediation in Commerce (LAWS90048)

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.