Mediation: Principles and Practice (LAWS90113)
Graduate courseworkPoints: 12.5On Campus (Parkville)
About this subject
Contact information
August
Lecturer
Email: law-masters@unimelb.edu.au
Phone: +61 3 8344 6190
Website: law.unimelb.edu.au
Overview
| Availability(Quotas apply) | August |
|---|---|
| Fees | Look up fees |
Mediation has become the likely forum for the resolution of most disputes – whether convened voluntarily, by contract, statute or court order – but its inherent confidentially makes it hard for outsiders to understand fully.
This subject will cover the majority of the material required for Accreditation under the National Mediator Accreditation Scheme (NMAS), but also recognise that mediation needs to be understood by all involved, not just future mediators. In light of this, it will examine the roles of solicitors and barristers, other advisers and experts, and the parties themselves. It will do this through teaching by Andrew Moffat, who regularly mediates commercial disputes in Melbourne and Sydney, supplemented by guest lecturers who fill these roles in mediations.
It also recognises that mediation is – and must maintain – a uniquely flexible process capable of very different approaches based on the context of the dispute. Guest lecturers who are expert practitioners in other dispute contexts will share their insights.
Students will develop a sophisticated understanding of current mediation theory and practice, and learn to put this learning into practice as mediators and mediation participants, through extensive involvement in simulations. Finally, students will learn about the mediation industry and the business and career elements of developing a mediation practice.
Successful completion of this subject, and a complete attendance record to all sessions, is expected to be credited for 60 per cent of National Mediator Accreditation Scheme training, under the auspices of the Resolution Institute, which will offer students the opportunity to study the remaining 40 per cent required for NMAS accreditation.
Principal topics include:
- Mediation within the broader context of dispute resolution
- Moving from positions to interests
- Standard NMAS mediation model
- Key concepts – voluntariness and empowerment
- Triggers for mediation – optimising timing where possible
- Mediator skills and when and how to intervene
- Changing dynamics in joint sessions
- Mandatory mediation as public policy
- Typical participants and their roles
- Alternatives and options in private sessions
- NMAS Approval and Practice Standards
- Setting the scene – the opening statement
- Mediation challenges – complexity and ethical issues
- Optimising mediation in cross-cultural disputes
- Mediation as a career.
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
- Know 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
- Use their legal skills to act as advocate and adviser for a party at mediation
- Understand the legal framework of mediation accreditation in Australia and mediation trends internationally.
Last updated: 3 November 2022
Eligibility and requirements
Prerequisites
None
Corequisites
None
Non-allowed subjects
This subject is not available to students who have undertaken Mediation in Commerce (LAWS90048) or Mediation (LAWS90039).
| Code | Name | Teaching period | Credit Points |
|---|---|---|---|
| LAWS90039 | Mediation | Semester 1 (On Campus - Parkville) |
12.5 |
| LAWS90048 | Mediation in Practice | May (On Campus - Parkville) |
12.5 |
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 Melbourne Law Masters welcomes applications from students with disabilities. The inherent academic requirements for study in the Melbourne Law Masters are:
- The ability to attend a minimum of 75% of classes and actively engage in the analysis and critique of complex materials and debate;
- The ability to read, analyse and comprehend complex written legal materials and complex interdisciplinary materials;
- The ability to clearly and independently communicate in writing a knowledge and application of legal principles and interdisciplinary materials and to critically evaluate these;
- The ability to clearly and independently communicate orally a knowledge and application of legal principles and interdisciplinary materials and critically evaluate these;
- The ability to work independently and as a part of a group;
- The ability to present orally and in writing legal analysis to a professional standard.
Students who feel their disability will inhibit them from meeting these inherent academic requirements are encouraged to contact Student Equity and Disability Support.
Last updated: 3 November 2022
Assessment
Additional details
- Class participation (10%)
- Take-home examination (1,500 - 2,000 words) (30%) (11 - 14 October)
- Research paper (4,000 - 5,000 words) (60%) (6 November) on topic approved by the subject coordinator
A minimum of 75% attendance is a hurdle requirement.
Last updated: 3 November 2022
Quotas apply to this subject
Dates & times
- August
Principal coordinator Andrew Moffat Mode of delivery On Campus (Parkville) Contact hours 24-34 hours Total time commitment 150 hours Pre teaching start date 10 July 2019 Pre teaching requirements 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. Teaching period 14 August 2019 to 20 August 2019 Last self-enrol date 28 June 2019 Census date 14 August 2019 Last date to withdraw without fail 20 September 2019 Assessment period ends 6 November 2019 August contact information
Lecturer
Email: law-masters@unimelb.edu.au
Phone: +61 3 8344 6190
Website: law.unimelb.edu.au
Additional delivery details
This subject has a quota of 30 students.
Enrolment is on a first come, first served basis. Waitlists are maintained for subjects that are fully subscribed.
Students should note priority of places in subjects will be given as follows:
- To currently enrolled Graduate Diploma and Masters students with a satisfactory record in their degree
- To other students enrolling on a single subject basis, eg Community Access Program (CAP) students, cross-institutional study and cross-faculty study.
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
- Links to additional information
- 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.
Please note Single Subject Studies via Community Access Program is not available to student visa holders or applicants
Entry requirements including prerequisites may apply. Please refer to the CAP applications page for further information.
- Available to Study Abroad and/or Study Exchange Students
Last updated: 3 November 2022