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Mediation - LAWS8078

Faculty: Faculty of Law
School:  Faculty of Law
Course Outline: See below
Campus: Kensington Campus
Career: Postgraduate
Units of Credit: 6
EFTSL: 0.12500 (more info)
Indicative Contact Hours per Week: 2
Enrolment Requirements:
Prerequisite: Academic Program must be either 9200, 9210, 5740, 9230, 9235, 5235, 9231 or 5231
Excluded: JURD7478
CSS Contribution Charge:Band   (more info)
Further Information: See Class Timetable


Mediation is one of the the most frequently-used methods of dispute resolution in contemporary legal practice. This course provides an introduction to the process of mediation, the areas in which voluntary and mandatory mediations occur, and an introduction to the process of facilitative mediation. Please note that this course is not, of itself, sufficient for accreditation as a mediator. However it does provide a solid foundation from which potential mediators can begin the accreditation process, including practical experience in both the conduct of mediations and the representation of clients.

LLM Specialisations

Recommended Prior Knowledge

none required

Course Objectives

  • Knowledge and understanding of the process of mediation, the most common mediation models, and the indicators for or against the use of mediation in particular situations
  • Knowledge and understanding of the role of legal counsel, clients, and the mediator in the mediation process, and of the standard mediation model for a facilitative mediation
  • Awareness of ethical and legal issues surrounding conduct of, and participation in, the mediation process

Main Topics

  • Introduction to mediation and the major models of mediation practice, including
  • detailed examination of facilitative mediation
  • Legislative regimes mandating the use of mediation
  • Steps in the mediation process
  • Selecting a mediator and preparation for mediation
  • Indicators of when a dispute is suitable for mediation
  • Critical examination of the role of the mediator
  • Legal and ethical issues arising in the context of mediation practice, including the process of professional accreditation, conflicts of interest, confidentiality, and mediator liability
  • Practical mediation skills


In class participation 30%
Assignment outline 10%
Written assignment 60%

Course Texts

Refer to the course outline which will be provided by the lecturer at the beginning of the relevant semester.


Refer to the course outline which will be provided by the lecturer at the beginning of the relevant semester.

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© The University of New South Wales (CRICOS Provider No.: 00098G), 2004-2011. The information contained in this Handbook is indicative only. While every effort is made to keep this information up-to-date, the University reserves the right to discontinue or vary arrangements, programs and courses at any time without notice and at its discretion. While the University will try to avoid or minimise any inconvenience, changes may also be made to programs, courses and staff after enrolment. The University may also set limits on the number of students in a course.