Mediation in Practice - JURD7478
Faculty: Faculty of Law
School: Faculty of Law
Course Outline: See below
Campus: Sydney
Career: Postgraduate
Units of Credit: 6
EFTSL: 0.12500 (more info)
Indicative Contact Hours per Week: 2
Enrolment Requirements:
Pre-requisite: 36 UOC of JURD courses for students enrolled prior to 2013. For students enrolled after 2013, pre-requisite: 72 UOC of JURD courses.
Excluded: LAWS8078
CSS Contribution Charge: 3 (more info)
Tuition Fee: See Tuition Fee Schedule
Further Information: See Class Timetable
View course information for previous years.
Description
Mediation is one most frequently used methods of dispute resolution in contemporary legal practice. It involves a third party neutral assisting parties in dispute to resolve their dispute using a process which does not rely on a determination.
The scope of mediation has broadened to include subtle differences in the role of the mediator. The areas in which it has been used include:
The scope of mediation has broadened to include subtle differences in the role of the mediator. The areas in which it has been used include:
- Commercial enterprises (such as commercial, intellectual property)
- Private Law impacting on the lives of individuals (Industrial, workplace and Family)
- Equity and diversity including discrimination and peer review as well as the
- Criminal Justice systems (victim/offender dispute resolution programs and restorative justice endeavours).
A model of mediation refers to the process employed, the scope, training and role of the third party neutral (including the level of neutrality required) and the infrastructure that supports the process (private, court or government).
This course provides an overview of mediation including an exploration of the various models, the nature and role of the third party neutral and an examination of various statutory regimes which have introduced court-annexed mediation.
It examines the ongoing development of mediation including the development of different processes called mediation, hybrid processes, the ethical challenges, the role of confidentiality, neutrality and the growing body of national and international case-law.
The course provides a solid foundation for those wishing to:
This course provides an overview of mediation including an exploration of the various models, the nature and role of the third party neutral and an examination of various statutory regimes which have introduced court-annexed mediation.
It examines the ongoing development of mediation including the development of different processes called mediation, hybrid processes, the ethical challenges, the role of confidentiality, neutrality and the growing body of national and international case-law.
The course provides a solid foundation for those wishing to:
- recognise where mediation sits on the ADR continuum
- identify what forms of mediation are available, what they might offer participants and what are the key elements of the various processes.
- Consider the role of the mediator in each of the different types of processes.
More information can be found on the Course Outline Website.
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