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.

School: La Trobe Law School (Pre 2022)

Credit points: 15

Subject Co-ordinator: Judith Gutman

Available to Study Abroad/Exchange Students: Yes

Subject year level: Year Level 3 - UG

Available as Elective: No

Learning Activities: N/A

Capstone subject: No

Subject particulars

Subject rules

Prerequisites: LAW1LIM and LAW1DR and admission into the subject is by application

Co-requisites: N/A

Incompatible subjects: N/A

Equivalent subjects: N/A

Quota Management Strategy: N/A

Quota-conditions or rules: N/A

Special conditions: N/A

Minimum credit point requirement: N/A

Assumed knowledge: N/A

Learning resources

LAW3MST: 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

Resource Type: Book

Resource Requirement: Prescribed

Author: N/A

Year: N/A

Edition/Volume: N/A

Publisher: N/A

ISBN: N/A

Chapter/article title: N/A

Chapter/issue: N/A

URL: N/A

Other description: N/A

Source location: N/A

Career Ready

Career-focused: No

Work-based learning: No

Self sourced or Uni sourced: N/A

Entire subject or partial subject: N/A

Total hours/days required: N/A

Location of WBL activity (region): N/A

WBL addtional requirements: N/A

Graduate capabilities & intended learning outcomes

Graduate Capabilities

INQUIRY AND ANALYSIS - Creativity and Innovation
INQUIRY AND ANALYSIS - Critical Thinking and Problem Solving
INQUIRY AND ANALYSIS - Research and Evidence-Based Inquiry
PERSONAL AND PROFESSIONAL - Adaptability and Self-Management
PERSONAL AND PROFESSIONAL - Ethical and Social Responsibility
PERSONAL AND PROFESSIONAL - Leadership and Teamwork

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
02. To understand specific areas of theoretical discussion in mediation and conferencing including lawyers in mediation and conferencing ethics and reflective practice
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
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
Subject not currently offered - Subject options not available.