Mediation (LAWS90039)
Graduate courseworkPoints: 12.5On Campus (Parkville)
About this subject
Contact information
Semester 1
Teaching staff:
Andrew Moffat (Subject Coordinator)
For current student enquiries, contact the Law School Academic Support Office
July
Teaching staff:
Anne Sutherland (Subject Coordinator)
For current student enquiries, contact the Law School Academic Support Office
Overview
| Availability(Quotas apply) | Semester 1 July |
|---|---|
| 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: 4 March 2025
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: 4 March 2025
Assessment
July
| Description | Timing | Percentage |
|---|---|---|
Participation in in-class mediation simulations and class discussion. | Throughout the teaching period | 10% |
Structured Reflection Tasks
| Throughout the teaching period and due the week after the teaching period. | 30% |
Research paper on a topic agreed with the subject coordinator
| Wednesday 13 August | 60% |
Semester 1
| 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 dates of interim assessment will be made available to students on the Assessment Schedule on the Juris Doctor Canvas LMS Community. Note, these are updated regularly.
Last updated: 4 March 2025
Quotas apply to this subject
Dates & times
- Semester 1
Principal coordinator Andrew Moffat Mode of delivery On Campus (Parkville) Contact hours 36 hours Total time commitment 150 hours Pre teaching requirements Please refer to Canvas LMS to check on the pre-class readings and preparatory learning activities before the teaching period commences. Teaching period 3 March 2025 to 1 June 2025 Last self-enrol date 14 March 2025 Census date 31 March 2025 Last date to withdraw without fail 9 May 2025 Assessment period ends 27 June 2025 Semester 1 contact information
Teaching staff:
Andrew Moffat (Subject Coordinator)For current student enquiries, contact the Law School Academic Support Office
- July
Principal coordinator Anne Sutherlandkelly Mode of delivery On Campus (Parkville) Contact hours 36 hours delivered on Tuesdays and Fridays | Tuesday 1 July, Friday 4 July, Tuesday 8 July, Friday 11 July, Tuesday 15 July and Friday 18 July Total time commitment 150 hours Pre teaching start date 17 June 2025 Pre teaching requirements Please refer to Canvas LMS to check on the pre-class readings and preparatory learning activities before the teaching period commences. Teaching period 1 July 2025 to 18 July 2025 Last self-enrol date 19 June 2025 Census date 4 July 2025 Last date to withdraw without fail 25 July 2025 Assessment period ends 15 August 2025 July contact information
Teaching staff:
Anne Sutherland (Subject Coordinator)For current student enquiries, contact the Law School Academic Support Office
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. Please refer to the Juris Doctor enrolment webpage for further information about re-enrolment and subject quotas. Melbourne Law School may reserve places in a subject for inbound study abroad and exchange students.
Last updated: 4 March 2025
Further information
- Texts
- Related Handbook entries
- Links to additional information
- Available to Study Abroad and/or Study Exchange Students
Last updated: 4 March 2025