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Mediation in Practice (LAWS90048)
Graduate courseworkPoints: 12.5Not available in 2024
Overview
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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: 30 January 2024
Eligibility and requirements
Prerequisites
Students must meet one of the following prerequisite options:
Option 1
Admission into a relevant Melbourne Law Masters program
Option 2
Admission into the MC-JURISD Juris Doctor
AND
Code | Name | Teaching period | Credit Points |
---|---|---|---|
LAWS50024 | Principles of Public Law | Semester 1 (On Campus - Parkville) |
12.5 |
Corequisites
None
Non-allowed subjects
Code | Name | Teaching period | Credit Points |
---|---|---|---|
LAWS90113 | Mediation: Principles and Practice | July (On Campus - Parkville) |
12.5 |
LAWS90039 | Mediation | Semester 1 (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 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: 30 January 2024
Assessment
Description | Timing | Percentage |
---|---|---|
Participation in class exercises (10%) and role plays (10%), including supporting the learning of others | Throughout the teaching period | 20% |
Group project, including a mediation plan and opening address | 30% | |
Research paper on a topic approved by the subject coordinator
| 26 June | 50% |
Hurdle requirement: Reflective journal following classes (no mark awarded) | N/A | |
Hurdle requirement: A minimum of 75% attendance | Throughout the teaching period | N/A |
Last updated: 30 January 2024
Quotas apply to this subject
Dates & times
Not available in 2024
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: 30 January 2024
Further information
- Texts
Prescribed texts
Specialist materials will be made available free of charge from the Melbourne Law School prior to the pre-teaching period.
- Related Handbook entries
This subject contributes to the following:
Type Name Course Master of Commercial Law Course Master of Laws Course Master of Public and International Law Course Graduate Diploma in Dispute Resolution Course Graduate Diploma in Construction Law Course Juris Doctor Course Master of Construction Law Course Master of Private Law - Links to additional information
law.unimelb.edu.au
- 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.
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-admissions@unimelb.edu.au for subject coordinator approval.
- 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: 30 January 2024