Faculty of Law

Monash University

Postgraduate - Unit

This unit entry is for students who completed this unit in 2015 only. For students planning to study the unit, please refer to the unit indexes in the the current edition of the Handbook. If you have any queries contact the managing faculty for your course or area of study.

print version

6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

FacultyFaculty of Law
OfferedCity (Melbourne) Term 3 2015 (Day)


For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html
Previously coded as LAW7071

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.


Commercial alternative dispute resolution methods and the process of mediation. The uses, benefits and limitations of various ADR processes are critically examined. The impact of ADR on the legal system and the development of law are considered. Including participation in simulation exercises, the Unit offers knowledge to assist legal representatives and other students to maximise the value of a range of ADR processes.


On completion of this unit students should have:

  1. an acquaintance with and critical appreciation of the range of alternatives to commercial litigation
  2. an understanding of the process and principles of mediation
  3. a practical understanding of the uses of a range of commercial ADR processes.


1. Participation in two simulated mediation exercises (assessed in class)
PLUS a Reflective Journal on the student's mediation exercise experiences
(1500 words)
Value: 40%

2. Research paper (4,500 words)
Value 60%


3. Take-home exam (4,500 words)
Value: 60%

Workload requirements

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

Chief examiner(s)