law3mst mediation skills and theory
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.
SchoolLa Trobe Law School
Credit points15
Subject Co-ordinatorJudith Gutman
Available to Study Abroad StudentsYes
Subject year levelYear Level 3 - UG
Exchange StudentsYes
Subject particulars
Subject rules
Prerequisites LAW1LIM and LAW1DR and admission into the subject is by application.
Co-requisitesN/A
Incompatible subjectsN/A
Equivalent subjectsN/A
Special conditions Entrance into the course is by application only.
Learning resources
Readings
| Resource Type | Title | Resource Requirement | Author and Year | Publisher |
|---|---|---|---|---|
| Readings | 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 b | Prescribed | tba | tba |
Graduate capabilities & 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
- Activities:
- Video and Class Exercises: the skills learnt and practised in class, along with watching DVDs on mediation & conferencing will aid students in their video assessment - Journal & Essay: the preliminary readings and the dialogue readings will assist students in written assignments. The role-plays will also contribute
- Related graduate capabilities and elements:
- Inquiry and Analytical Skills(Critical Thinking,Creative Problem-solving,Inquiry/Research)
- Inquiry and Analytical Skills(Critical Thinking,Creative Problem-solving,Inquiry/Research)
02. To understand specific areas of theoretical discussion in mediation and conferencing including lawyers in mediation and conferencing ethics and reflective practice
- Activities:
- Journal & Essay: the preliminary readings and the dialogue readings will assist students in written assignments along with role-play experience in the workshop
- Related graduate capabilities and elements:
- Inquiry and Analytical Skills(Critical Thinking,Creative Problem-solving,Inquiry/Research)
- Inquiry and Analytical Skills(Critical Thinking,Creative Problem-solving,Inquiry/Research)
- Personal and Professional Skills(Teamwork including leadership and working in groups,Ethical behaviour,Adaptability Skills)
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
- Activities:
- Class participation and exercises, reading dialogues & role-plays.
- Related graduate capabilities and elements:
- Inquiry and Analytical Skills(Critical Thinking,Creative Problem-solving,Inquiry/Research)
- Inquiry and Analytical Skills(Critical Thinking,Creative Problem-solving,Inquiry/Research)
- Personal and Professional Skills(Teamwork including leadership and working in groups,Ethical behaviour,Adaptability Skills)
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
- Activities:
- Class participation and exercises, reading dialogues & role-plays.
- Related graduate capabilities and elements:
- Personal and Professional Skills(Teamwork including leadership and working in groups,Ethical behaviour,Adaptability Skills)
- Personal and Professional Skills(Teamwork including leadership and working in groups,Ethical behaviour,Adaptability Skills)
Subject options
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