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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 (login required)(opens in new window)
Contact information
Overview
Availability(Quotas apply) | Semester 1 |
---|---|
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 LAWS90140 Disputes and Ethics (formerly LAWS50027 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.
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;
- coordination 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: 28 March 2024
Eligibility and requirements
Prerequisites
Admission into the MC-JURISD Juris Doctor
AND
All of
Code | Name | Teaching period | Credit Points |
---|---|---|---|
LAWS50023 | Legal Method and Reasoning | Summer Term (Dual-Delivery - Parkville) |
12.5 |
LAWS50024 | Principles of Public Law | Semester 1 (On Campus - Parkville) |
12.5 |
LAWS50025 | Torts | Semester 1 (On Campus - Parkville) |
12.5 |
LAWS50026 | Obligations | Semester 1 (On Campus - Parkville) |
12.5 |
LAWS90140 | Disputes and Ethics | Semester 2 (On Campus - Parkville) |
12.5 |
Corequisites
None
Non-allowed subjects
None
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: 28 March 2024
Assessment
Description | Timing | Percentage |
---|---|---|
Participation in in-class mediation simulations and class discussion | Throughout the teaching period | 10% |
Take-home exam case study asking for advice on alternatives and options in a hypothetical mediation
| During the teaching period | 30% |
Research paper on a topic agreed with the subject coordinator
| During the assessment period | 60% |
Additional details
The due date of the above assessment(s) will be available to students via the Assessment Schedule on the LMS Community.
Last updated: 28 March 2024
Quotas apply to this subject
Dates & times
- Semester 1
Principal coordinator Andrew Moffat Mode of delivery On Campus (Parkville) Contact hours Total time commitment 144 hours Teaching period 26 February 2024 to 26 May 2024 Last self-enrol date 8 March 2024 Census date 3 April 2024 Last date to withdraw without fail 3 May 2024 Assessment period ends 21 June 2024
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 an enrolment quota of 30 students.
All timely JD elective enrolments are subject to a selection process, which the Academic Support Office will perform after the timely re-enrolment period ends. Late self-enrolment is on a first-in basis up to quota.
Please refer to the Melbourne Law School website for further information about the management of subject quotas.
Last updated: 28 March 2024
Further information
- Texts
Prescribed texts
Specialist materials will be made available via the LMS.
- Related Handbook entries
This subject contributes to the following:
Type Name Course Juris Doctor - Available to Study Abroad and/or Study Exchange Students
This subject is available to students studying at the University from eligible overseas institutions on exchange and study abroad. Students are required to satisfy any listed requirements, such as pre- and co-requisites, for enrolment in the subject.
Last updated: 28 March 2024