MEDIATION: SKILLS AND THEORY

LAW3MST

Not currently offered

Credit points: 15

Subject outline

In LAW1DR, students were introduced to a staged, facilitative model of mediation that is fairly generic to the field. In this unit, students will consider how this mediation model differs to approaches known as Transformative Mediation and Restorative Practices. Students will study the theories and principles underpinning conflict transformation and restorative practices, the contexts in which these approaches operate, as well as learn how to apply some of these practices in role-plays. Students will acquire competence in the particular micro-skills and case management assessments which will also enhance their general communication skills and their practice in DR and conflict transformation.

SchoolLa Trobe Law School

Credit points15

Subject Co-ordinatorJudith Gutman

Available to Study Abroad StudentsYes

Subject year levelYear Level 3 - UG

Exchange StudentsYes

Subject particulars

Subject rules

Prerequisites LAW1LIM and LAW1DR

Co-requisitesN/A

Incompatible subjectsN/A

Equivalent subjectsN/A

Special conditions Entrance into the course is by application only.

Readings

Resource TypeTitleResource RequirementAuthor and YearPublisher
ReadingsLAW3MST: Allocated text on moodle (lms)There is no set text for MST. There are instead a select number of required readings which are available on LMS. You will need to read the preparatory readings bPrescribedtbatba

Graduate capabilities & intended learning outcomes

01. To understand the principles, theory and practice of transformative mediation and conferencing and the differences between these approaches and other processes and theories

Activities:
Video and Class Exercises: the skills learnt and practised in class, along with watching DVDs on mediation & conferencing will aid students in their video assessment - Journal & Essay: the preliminary readings and the dialogue readings will assist students in written assignments. The role-plays will also contribute
Related graduate capabilities and elements:
Inquiry and Analytical Skills
Inquiry and Analytical Skills

02. To understand specific areas of theoretical discussion in mediation and conferencing including lawyers in mediation and conferencing ethics and reflective practice

Activities:
Journal & Essay: the preliminary readings and the dialogue readings will assist students in written assignments along with role-play experience in the workshop
Related graduate capabilities and elements:
Inquiry and Analytical Skills
Inquiry and Analytical Skills
Personal and Professional Skills

03. To understand yourself, others and cultural contexts in relation to conflict and ways of assessing which process may be most useful depending on the issues at hand

Activities:
Class participation and exercises, reading dialogues & role-plays.
Related graduate capabilities and elements:
Inquiry and Analytical Skills
Inquiry and Analytical Skills
Personal and Professional Skills

04. . To practice skills for i) transformative mediation of reflection, summary, questioning and checking in as described in the transformative framework, and ii) conferencing by applying the script as outlined in the restorative practice framework, and be able to choose appropriate interventions during each process based on the parties# interaction and aligned with the purpose of the approach

Activities:
Class participation and exercises, reading dialogues & role-plays.
Related graduate capabilities and elements:
Personal and Professional Skills
Personal and Professional Skills

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