Glossary

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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:

Pre-requisite: Academic Program must be 9200 or 9210 or 9230 or 5740 or 9235 or 5235 or 9231 or 5231 or 9220 or 5750.

Excluded: JURD7478

CSS Contribution Charge: 3 (more info)

Tuition Fee: See Tuition Fee Schedule

Further Information: See Class Timetable

View course information for previous years.

Description

Mediation is one of 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

Corporate and Commercial Law
Corporate, Commercial & Taxation Law
Dispute Resolution
International Business and Economic Law

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

Assessment

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.

Resources

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