units

LAW7476

Faculty of Law

Postgraduate - Unit

This unit entry is for students who completed this unit in 2014 only. For students planning to study the unit, please refer to the unit indexes in the the current edition of the Handbook. If you have any queries contact the managing faculty for your course or area of study.

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6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered, or view unit timetables.

LevelPostgraduate
FacultyFaculty of Law
OfferedCity (Melbourne) First semester 2014 (On-campus block of classes)
City (Melbourne) Summer semester A 2014 (On-campus block of classes)

Notes

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

Mediation is an effective way of resolving disputes and is now used around Australia in most courts and tribunals. An extensive pre-litigation scheme also exists and in some areas, parties are required to attend mediation prior to commencing litigation. Mediation is also a growing field in the international and environmental areas where facilitators use these skills to assist the creation of innovative solutions. Conflict resolution skills are increasingly required in management and business relationships, enabling the efficient and effective prevention, management and resolution of disputes and complaints.
This interactive workshop has been developed to meet the National Mediation Accreditation Standards and provides participants with the essential negotiation, mediation and communication skills required to become a mediator. The unit A: Advanced Mediation focuses on core theory and skills development required in the NMAS. This unit focuses on refining and assessing skills and developing and extending research work that is focused in the core competency areas.
With an emphasis on practical skills in Part A, participants are given the opportunity to practice the theory they have learnt by mediating and participating in a range of conflict scenarios. In Part B, participants focus on additional ethical issue work and are provided with individual feedback on their style and overall performance by highly qualified practitioners. They are then tested and assessed in accordance with the NMAS.
In the skills component of this unit, students will work with the mediation model and learn alternative approaches to deal with varying circumstances. Students also will investigate in greater depth theoretical issues and relevant empirical studies in mediation ethics, inter-cultural context, contingent 3rd party interventions, power and empowerment, as well as other topics
Please note that, because of resourcing requirements, there is a quota in this unit. If you miss out on a place, you may place yourself of the waiting list by emailing law-pgstudents@monash.edu

Outcomes

The unit is designed to enable students to apply for accreditation as a mediator under the National Mediation Accreditation System. After completing the unit students should know how to:

  1. Demonstrate a comprehensive understanding of the facilitative mediation model and the purpose of each stage in the process.
  2. Explain the different approaches to negotiation and when each might be appropriate.
  3. Demonstrate a range of skills and techniques in communication, negotiation and mediation.
  4. Reflect meaningfully on their practical experience and demonstrate an understanding of how their experience relates to conflict resolution theories.
  5. Research and critically discuss some current issues in conflict resolution and effectively present (orally and in writing) their research findings.

Assessment

One research assignment (5,250 words): 70%
DVD and written exam assesment of mediation (at least 90 minutes) :15%
Oral presentation of research (30 minutes): 15% OR
For students who also enrol in Mediation: Skills and theory A there is the option to combine the research assignments required in each of Mediation A and B (5,250 words each) and undertake one, larger research assignment (10,500 words) that will count across both subjects: 70%

Students should note that the DVD and written exam assessment of mediation (at least 90 minutes: 15%) and the oral presentation of research (30 minutes: 15%): will still be required to complete the assessment for Mediation: Skills and theory B

Chief examiner(s)

Workload requirements

28 contact hours per teaching period (either intensive, semi intensive or semester long, depending on the Faculty resources, timetabling and requirements)

Prerequisites

LAW7475 Advanced mediation: skills and theory A