This course enables students to develop and practice essential skills required in mediation. Students will explore the skills required for effective and successful mediation, including communication, negotiation and dispute resolution skills. Mediation processes will be explored to enable students to gain an understanding of the roles of the various parties in a mediation, and of the strategies that can be employed during a mediation. Students will participate in scenarios which assess their mediation skills and demonstrate how to address conflict through mediation, and also allow the students to critically analyse scenarios to determine how resolution through mediation could be achieved. Working with a mediation model, students will learn alternative approaches to deal with varying circumstances and will also investigate theoretical issues and relevant empirical studies in mediation ethics, inter-cultural context, contingent 3rd party interventions, power and empowerment, as well as other topics.
This interactive workshop has been developed to assist students to meet part of the National Mediation Accreditation Standard (NMAS) requirements.
Not currently offered.
This Course was last offered in Trimester 3 - 2019.
On successful completion of the course students will be able to:
1. Apply knowledge of, and understanding of, the facilitative mediation model and the purpose of each stage in the process, with creativity and initiative, to new situations in professional practice.
2. Demonstrate am ability to explain the different approaches to negotiation and when each might be appropriate.
3. Investigate, analyse and reflect meaningfully on complex information and problems in relation to the facilitative mediation model.
4. Demonstrate a range of skills and techniques in communication, negotiation and mediation.
5. Conduct research in current issues in conflict resolution based on knowledge of appropriate research principles and methods.
6. Use cognitive, technical and creative skills to generate and evaluate, at an abstract level, complex ideas and concepts relevant to the facilitative mediation model.
7. Understand the importance of mediation and how it is applied throughout the legal profession
8. Demonstrate a theoretical understanding of mediation, and the roles of parties involved in a mediation.
The content in this course includes the following topics:
- Introduction to alternative dispute resolution
- Negotiation within a legal context
- Mediation process and procedure
- Mediation skills
- Communication skills in mediation
- Critical analysis and dispute resolution
- Power, culture and ethics in disputes
- Mediation and system design
- Accreditation requirements for mediations
Journal: Reflective Journal