CONCILIATION: THEORY & PRACTICE

LAW5CON

2019

Credit points: 15

Subject outline

When a dispute enters into a statutory framework, the conciliator is responsible for recommendations and directions that are legal, ethical, equitable, and consistent with the rules of natural justice. In this subject, students will be introduced to current requirements and skills necessary for handling a Conciliation Conference within an ever evolving legislative framework.  Students will learn and engage a variety of mediation and negotiation strategies to deal with parties in a legal setting. The subject is further designed to teach students how to act 'appropriately' and independently, while managing parties and their expectations. Students will learn how to assess and address the parties competing interests, and the different economic and emotional imperatives relevant to workplace injury disputes and other types of disputes handled via conciliation.

SchoolLa Trobe Law School

Credit points15

Subject Co-ordinatorMarc Trabsky

Available to Study Abroad StudentsYes

Subject year levelYear Level 5 - Masters

Exchange StudentsYes

Subject particulars

Subject rules

Prerequisites Must be enrolled in LMLC or LMGB or LMLGBL or LMLI or LMCL or LMIBL or LML or LMGBL or LMJD or LMLE or have permission of Director for Postgraduate Coursework Porgrams.

Co-requisitesN/A

Incompatible subjectsN/A

Equivalent subjectsN/A

Special conditionsN/A

Graduate capabilities & intended learning outcomes

01. Analyse and discriminate conciliation models and programs and the strengths and weaknesses of this dispute resolution process. Categorise and assess the results of evaluations and results of conciliation programs in various legal applications and urban and regional locations.

Activities:
Submit essay. Attend workshop presentations. Discuss case studies in small groups and present analysis. Participate in readling dialogues
Related graduate capabilities and elements:
Inquiry and Analytical Skills (Critical Thinking)

02. Define and describe different conciliation programs and models based on statute & government policies, in particular in the Victorian legal context. Identify the theoretical and practical basis of the various approaches to conciliation and its relationship to other forms of dispute resolution.

Activities:
Submit a journal and essay. Attend workshop presentations. Participate in reading dialogues.
Related graduate capabilities and elements:
Inquiry and Analytical Skills (Critical Thinking)

03. Distinguish and explain the specific areas in which conciliation applies, the legislative requirements and the role of lawyers, clients and other parties in this process. Outline the various Acts, the relevant sections to entitlement and the roles of each stakeholder and the provider of conciliation services. Identify the fairness, risks and responsibilities of each stakeholder, especially the provider of conciliation services.

Activities:
Submit a journal and essay. Attend workshop presentations. Undertake workshop activities. Participate in reading dialogues
Related graduate capabilities and elements:
Literacies and Communication Skills (Speaking)

04. Employ the methods and techniques of reflective practice and assess its impact on professional development. Identify and practice teamwork/leadership skills as required in a program setting.

Activities:
Undertake workshop exercises. Participate in role-plays.
Related graduate capabilities and elements:
Personal and Professional Skills (Teamwork including leadership and working in groups)

05. Illustrate the analytical and communication and case management skills required to assess when conciliation may be appropriate or not. Apply the process and communication skills required in conciliation. Demonstrate methods and skills of integrative negotiation including how to foster cooperation and coordination when interacting with stakeholders.

Activities:
Undertake workshop exercises. Participate in role-plays and discuss interactions. Submit short answer responses to video presentations.
Related graduate capabilities and elements:
Literacies and Communication Skills (Speaking)
Inquiry and Analytical Skills (Critical Thinking)
Personal and Professional Skills (Teamwork including leadership and working in groups)

Subject options

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Start date between: and    Key dates

City Campus, 2019, Week 01-08, Blended

Overview

Online enrolmentYes

Maximum enrolment sizeN/A

Enrolment information

Subject Instance Co-ordinatorMarc Trabsky

Class requirements

Block Mode Week: 01 - 08
Four 7.0 hours block mode per study period on weekdays during the day from week 01 to week 08 and delivered via blended.

Assessments

Assessment elementComments% ILO*
Class participation10 01, 02, 03, 04, 05
Pre-workshop Journal15 01, 02, 03, 04, 05
Research essay60 01, 02, 03, 04, 05
Role-play assessment15 01, 02, 03, 04, 05