| Semester 3, 2021 Online | |
| Short Description: | Mediation Processes and Skills |
| Units : | 1 |
| Faculty or Section : | Faculty of Business, Education, Law and Arts |
| School or Department : | School of Law and Justice |
| Student contribution band : | Band 4 |
| ASCED code : | 090999 - Law not elsewhere classified |
| Grading basis : | Graded |
Staffing
Examiner:
Requisites
Pre-requisite: LAW1122
Other Requisites
Students are required to have access to a personal computer, e-mail capabilities and Internet access to UConnect. Current details of computer requirements can be found at .
Rationale
Mediation is a common form of dispute management. Mediation Processes and Skills aims to assist law students to develop the advanced knowledge, skills and competencies required to undertake mediations in areas other than family dispute management in which children are involved. This course provides the training to assist students to become a Nationally Accredited Mediator under the National Mediator Accreditation Standards (NMAS) and enable progression to register with an Australian Recognised Mediator Body.
Synopsis
Mediation Processes and Skills examines the steps of mediation, different models of mediation, the role of the mediator, ethics and values in mediation, and communication skills and techniques required for the conduct of mediations. Students will develop advanced knowledge of mediation processes and the role of mediators, and the communication skills and capabilities needed to undertake mediations. It is delivered through three intensives that can occur online or via face-to-face classes that involve role-plays and potentially mediator assessment before a panel of assessors. This course offers two streams. Stream A is for elective coursework in which students will gain knowledge concerning mediation processes and do research on related topics. Stream A will only need to attend Intensive A. Stream B is optional for students to select at the commencement of the course (via the StudyDesk). Stream B provides students with the necessary training to become a Nationally Accredited Mediator under the National Mediator Accreditation Standards (NMAS). Students selecting Stream B will need to attend all three intensives.
Objectives
On successful completion of this course students should be able to:
- Demonstrate [identify and apply] an understanding of a coherent body of knowledge [relevant to mediation] as set out in the National Mediator Accredited Standards (NMAS) (TLO1, PO1).
- Demonstrate an understanding [analyse, interpret and apply] approaches to ethical decision-making, and an ability to recognise and reflect upon (and a developing ability to respond to) ethical issues likely to arise [in mediation contexts as set out in the NMAS] (TLO2, PO2).
- Identify and articulate [mediation] issues, apply legal reasoning to generate appropriate responses to [mediation] issues, engage in critical analysis and make a reasoned choice amongst alternatives, and think creatively in approaching [mediation] issues and generating appropriate responses (TLO3, PO3).
- Communicate in ways that are effective, appropriate and persuasive for legal and non-legal audiences, and collaborate effectively (TLO5, PO5).
- Learn and work independently; and reflect on and assess their own capabilities and performance, and make use of feedback as appropriate, to support personal and professional development (TLO6, PO6).
Topics
| Description | Weighting(%) | |
|---|---|---|
| 1. | Mediation. | 20.00 |
| 2. | NMAS Practice Standards requirements. | 10.00 |
| 3. | Conflict, communication skills and techniques. | 20.00 |
| 4. | Ethics and values in mediation. | 15.00 |
| 5. | Research application applicable to Stream A OR role-playing applicable to Stream B. | 35.00 |
Text and Materials
ALL textbooks and materials available to be purchased can be sourced from (unless otherwise stated). (https://omnia.usq.edu.au/textbooks/?year=2021&sem=03&subject1=LAW3719)
Please for alternative purchase options from USQ Bookshop. (https://omnia.usq.edu.au/info/contact/)
Reference Materials
Student Workload Expectations
| Activity | Hours |
|---|---|
| Assessments | 55.00 |
| Private Study | 65.00 |
| Workshop Intensives | 45.00 |
Assessment Details
| Description | Marks out of | Wtg (%) | Due Date | Objectives Assessed | Notes |
|---|---|---|---|---|---|
| ONLINE QUIZ | 20 | 20 | 04 Jan 2022 | 1,2,3,5 | |
| CASE STUDY | 40 | 40 | 14 Jan 2022 | 1,2,3,4,5 | (see note 1) |
| CRITICAL REFLECTION | 40 | 40 | 28 Jan 2022 | 1,2,3,4,5 | (see note 2) |
Notes
- Stream A and B will complete the same three assessments.
- Stream B students will have the opportunity if they have reached a satisfactory standard in their three assessments to complete one simulated mediation assessment at Intensive 3 held on a date during the exam week to be advised via the Study Desk in order to be eligible to gain NMAS Accreditation.
Important assessment information
-
Attendance requirements:
There are no attendance requirements for this course. However, it is the students’ responsibility to study all material provided to them or required to be accessed by them to maximise their chance of meeting the objectives of the course and to be informed of course-related activities and administration. -
Requirements for students to complete each assessment item satisfactorily:
To satisfactorily complete an individual assessment item a student must achieve at least 50% of the marks. Depending upon the requirements in Statement 4 below, students may not have to satisfactorily complete each assessment item to receive a passing grade in this course. -
Penalties for late submission of required work:
Students should refer to the Assessment Procedure (point 4.2.4) -
Requirements for student to be awarded a passing grade in the course:
To be assured of receiving a passing grade a student must achieve at least 50% of the total weighted marks available for the course. -
Method used to combine assessment results to attain final grade:
The final grades for students will be assigned on the basis of the aggregate of the weighted marks obtained for each of the assessment items in the course. -
Examination information:
There is no examination in this course. -
Examination period when Deferred/Supplementary examinations will be held:
Deferred and Supplementary examinations will be held in accordance with the Assessment Procedure . -
University Student Policies:
Students should read the USQ policies: Definitions, Assessment and Student Academic Misconduct to avoid actions which might contravene University policies and practices. These policies can be found at .
Assessment Notes
-
Referencing in assignments:
Students must use the Australian Guide to Legal Citation (AGLC) style. For AGLC style guide enquiries, consult the AGLC manual from the USQ Library's referencing guide at or contact the Law librarian.