Mediation: Principles and Practice (LAWS90113)
Graduate courseworkPoints: 12.5On Campus (Parkville)
About this subject
Contact information
July
Lecturer
Andrew Moffat (Coordinator)
Email: law-masters@unimelb.edu.au
Phone: 13 MELB (13 6352), International: +(61 3) 9035 5511
Website: law.unimelb.edu.au
Overview
| Availability(Quotas apply) | July |
|---|---|
| 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: 8 November 2024
Eligibility and requirements
Prerequisites
Admission into a relevant Melbourne Law Masters program
Corequisites
None
Non-allowed subjects
| Code | Name | Teaching period | Credit Points |
|---|---|---|---|
| LAWS90039 | Mediation | Semester 1 (On Campus - Parkville) |
12.5 |
| LAWS90048 | Mediation in Practice | Not available in 2024 |
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 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: 8 November 2024
Assessment
| Description | Timing | Percentage |
|---|---|---|
Class participation | Throughout the teaching period | 10% |
Take-home exam
| 20 - 23 September 2024 | 30% |
Research paper on topic approved by the subject coordinator
| 30 October 2024 | 60% |
Attendance Hurdle requirement: A minimum of 75% attendance. | Throughout the teaching period | N/A |
Last updated: 8 November 2024
Quotas apply to this subject
Dates & times
- July
Principal coordinator Andrew Moffat Mode of delivery On Campus (Parkville) Contact hours Total time commitment 150 hours Pre teaching start date 3 July 2024 Pre teaching requirements Please refer to the Reading Guide on the LMS subject page for confirmation of which resources need to be read and what other preparation is required before the teaching period commences. Teaching period 31 July 2024 to 6 August 2024 Last self-enrol date 8 July 2024 Census date 1 August 2024 Last date to withdraw without fail 20 September 2024 Assessment period ends 30 October 2024 July contact information
Lecturer
Andrew Moffat (Coordinator)
Email: law-masters@unimelb.edu.au
Phone: 13 MELB (13 6352), International: +(61 3) 9035 5511
Website: law.unimelb.edu.au
What do these dates mean
Visit this webpage to find out about these key dates, including how they impact on:
- Your tuition fees, academic transcript and statements.
- And for Commonwealth Supported students, your:
- Student Learning Entitlement. This applies to all students enrolled in a Commonwealth Supported Place (CSP).
Subjects withdrawn after the census date (including up to the ‘last day to withdraw without fail’) count toward the Student Learning Entitlement.
Additional delivery details
This subject has a quota of 30 students.
Enrolment is on a 'first in' basis. Waitlists are maintained for subjects that are fully subscribed.
Students should note priority of waitlisted 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.
Melbourne Law School may reserve places in a subject for incoming international cohorts or where a subject is core to a specialisation with limited alternate options.
Last updated: 8 November 2024
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.
Additional information for this subject
If required, please contact law-masters@unimelb.edu.au for subject coordinator approval.
- Available to Study Abroad and/or Study Exchange Students
Last updated: 8 November 2024