CONCILIATION: THEORY & PRACTICE

LAW5CON

2020

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, s 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.

School: La Trobe Law School (Pre 2022)

Credit points: 15

Subject Co-ordinator: Marc Trabsky

Available to Study Abroad/Exchange Students: Yes

Subject year level: Year Level 5 - Masters

Exchange Students: No

Available as Elective: No

Learning Activities: N/A

Capstone subject: Yes

Subject particulars

Subject rules

Prerequisites: LAW5PMI OR LAW5LRE OR Permission from the Director of Postgraduate (Coursework) programs

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

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

DISCIPLINE KNOWLEDGE AND SKILLS

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.

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.

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.

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.

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.

City Campus, 2020, Summer 3, Blended

Overview

Online enrolment: Yes

Maximum enrolment size: N/A

Enrolment information: N/A

Subject Instance Co-ordinator: Marc Trabsky

Class requirements

Block ModeWeek: 6 - 7
Four 7.00 hours block mode per study period on weekdays during the day from week 6 to week 7 and delivered via blended.

Assessments

Assessment element	Comments	Category	Contribution	Hurdle	%	ILO*
Pre-workshop Reflective Journal (1000 word Equivalent)	N/A	N/A	N/A	No	15	SILO1, SILO2, SILO3, SILO4, SILO5
Research essay (3000 words)	N/A	N/A	N/A	No	55	SILO1, SILO2, SILO3, SILO4, SILO5
Role-play assessment (2000 word equivalent)	N/A	N/A	N/A	No	30	SILO1, SILO2, SILO3, SILO4, SILO5