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LAW3719 Mediation Processes and Skills

Semester 3, 2022 Online
Units : 1
Faculty or Section : Faculty of Business, Education, Law and Arts
School or Department : School of Law and Justice
Student contribution band : Band 4
Grading basis : Graded
Version produced : 30 June 2022

Requisites

Pre-requisite: LAW1122

Overview

Mediation is a common form of dispute management. Mediation Processes and Skills aims to assist law students to develop the advanced knowledge, skills and competencies required to undertake mediations in areas other than family dispute management in which children are involved. This course provides the training to assist students to become a Nationally Accredited Mediator under the National Mediator Accreditation Standards (NMAS) and enable progression to register with an Australian Recognised Mediator Body.

Mediation Processes and Skills examines the steps of mediation, different models of mediation, the role of the mediator, ethics and values in mediation, and communication skills and techniques required for the conduct of mediations. Students will develop advanced knowledge of mediation processes and the role of mediators, and the communication skills and capabilities needed to undertake mediations. It is delivered through three intensives that can occur online or via face-to-face classes that involve role-plays and potentially mediator assessment before a panel of assessors. This course offers two streams. Stream A is for elective coursework in which students will gain knowledge concerning mediation processes and do research on related topics. Stream A will only need to attend Intensive A. Stream B is optional for students to select at the commencement of the course (via the StudyDesk). Stream B provides students with the necessary training to become a Nationally Accredited Mediator under the National Mediator Accreditation Standards (NMAS). Students selecting Stream B will need to attend all three intensives.

Course learning outcomes

On successful completion of this course students should be able to:

  1. Demonstrate [identify and apply] an understanding of a coherent body of knowledge [relevant to mediation] as set out in the National Mediator Accredited Standards (NMAS) (TLO1, PO1).
  2. Demonstrate an understanding [analyse, interpret and apply] approaches to ethical decision-making, and an ability to recognise and reflect upon (and a developing ability to respond to) ethical issues likely to arise [in mediation contexts as set out in the NMAS] (TLO2, PO2).
  3. Identify and articulate [mediation] issues, apply legal reasoning to generate appropriate responses to [mediation] issues, engage in critical analysis and make a reasoned choice amongst alternatives, and think creatively in approaching [mediation] issues and generating appropriate responses (TLO3, PO3).
  4. Communicate in ways that are effective, appropriate and persuasive for legal and non-legal audiences, and collaborate effectively (TLO5, PO5).
  5. Learn and work independentlyÍž and reflect on and assess their own capabilities and performance, and make use of feedback as appropriate, to support personal and professional development (TLO6, PO6).

Topics

Description Weighting(%)
1. Mediation. 20.00
2. NMAS Practice Standards requirements. 10.00
3. Conflict, communication skills and techniques. 20.00
4. Ethics and values in mediation. 15.00
5. Research application applicable to Stream A OR role-playing applicable to Stream B. 35.00
Date printed 30 June 2022