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With a primary focus on experiential learning and interactive discussion, this subject will provide a practical guide to the use of mediation in resolving disputes and to the legal environment in which 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; to learn to apply mediation principles and techniques in the resolution of disputes; and to explore topical issues in mediation, including 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 mediation
- Practising mediation techniques in mediation scenarios
- The legislative environment in which mediation takes place
- Case law and guidelines for lawyers applicable to 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
- Have the cognitive, technical and creative skills to identify, prepare for and engage effectively in the various stages of mediation, through the opportunities provided by experiential learning
- Have an advanced and integrated understanding of the legal principles governing 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 and the differing characteristics of voluntary and court-ordered mediation.
Last updated: 6 December 2019