Course

Mediation - JURD7478

Faculty: Faculty of Law

School: Faculty of Law

Course Outline: See below

Campus: Sydney

Career: Postgraduate

Units of Credit: 6

EFTSL: 0.12500 (more info)

Indicative Contact Hours per Week: 2

Enrolment Requirements:

Pre-requisite: 36 UOC of JURD courses for students enrolled prior to 2013. For students enrolled after 2013, pre-requisite: 72 UOC of JURD courses.

Excluded: LAWS8078

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, given theextensive shortcomings of litigation such as its costs and adversarial character; it is also used extensively in communityjustice systems. This course provides an introduction to the process of mediation, an explanation of the different modelsof mediation and an outline of the various areas in which mediations, both voluntary and mandatory, occur in Australia andinternationally. It focuses on the interface between law and mediation with particular reference to the laws, court rules anddecided cases on mediation and ADR. It looks at the subject-matter critically in the light of the many competing forms ofdispute resolution currently available and the current wisdom on when mediation is suitable or not suitable. It looks closelyat the application and influence of ADR and mediation in legal practice and other areas, at issues of effectiveness, qualityand ethics which arise, and at possible career paths in this area. It propounds a balanced view of mediation’s potential benefits since the system is not a panacea for all manner of problems.

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
More information can be found on the Course Outline Website.
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