LAW517 Mediation: Processes and Uses (8)

This subject examines the mediation process and provides an opportunity for applied learning at the residential school. The subject explores issues for which a mediator needs to have a detailed understanding including: the steps of mediation, different models of mediation, the role of the mediator, ethics and values in mediation, and refining mediation for professional practice.

Availability

* Offering has a residential school. Please view following information for further details.

Session 3 (90)
Online *
Wagga Wagga Campus

Continuing students should consult the SAL for current offering details: LAW517. Where differences exist between the Handbook and the SAL, the SAL should be taken as containing the correct subject offering details.

Subject Information

Grading System

HD/FL

Duration

One session

School

School of Accounting and Finance

Enrolment Restrictions

Postgraduate students only

Learning Outcomes

Upon successful completion of this subject, students should:
  • be able to explain the steps of the mediation process and apply the skills of conflict resolution to the mediation process;
  • be able to reflect on different models of mediation and recognise disputes which can be mediated;
  • be able to analyse ethical issues that may arise during the mediation process, including the ethical obligations of mediators;
  • be able to evaluate the knowledge, skills and attitudes needed in mediators and describe the applications of mediation in different settings; and
  • be able to plan and facilitate a mediation in a professional context and discuss the role of power/gender in mediation.

Syllabus

This subject will cover the following topics:
  • techniques of communication;
  • problem solving;
  • traits of good mediators such as impartiality and confidentiality;
  • facilitating versus advising;
  • modelling good behaviour;
  • stages of mediation including opening, issues identification, exploration;
  • negotiation, use of private sessions and writing agreements;
  • problems and issues in mediation such as gender, power and ethics;
  • application of mediation in various areas of law such as civil law, administrative law, family law, neighbourhood disputes, workplace law, juvenile justice, public policy disputes and commercial law;
  • use of mediation in various institutional settings such as schools, tertiary institutions, management, the community and international business; and
  • Medarb and mediation facilities in Australia.

Indicative Assessment

The following table summarises the assessment tasks for the online offering of LAW517 in Session 3 2019. Please note this is a guide only. Assessment tasks are regularly updated and can also differ to suit the mode of study (online or on campus).

Item Number
Title
Value %
1
Introduce yourself
0
2
Mediator's opening statement
20
3
Written assessment - short answer questions
30
4
Three day professional workshop & self-assessment
50

Residential School

This subject contains a 3 day Compulsory Residential School.The purpose of the residential school/professional workshop is to assess students on their ability to apply conflict resolution skills and carry out all steps of mediation from introduction and opening statements to outcome. Mediation role plays; small group discussion and review sessions will be used to learn facilitation skills and understand the differences between mediation and conciliation; facilitation and multi-party mediation.

The information contained in the CSU Handbook was accurate at the date of publication: June 2020. The University reserves the right to vary the information at any time without notice.

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