Postgraduate - UnitLAW7476 - Advanced mediation: Skills and theory B

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Notes

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 testes 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

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%

Chief examiner(s)

Professor Tania Sourdin

Contact hours

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

This unit applies to the following area(s) of study

Advanced legal practice

Prerequisites

LAW7475 Advanced mediation: skills and theory A