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 (Pre 2022)

Credit points15

Subject Co-ordinatorJudith Gutman

Available to Study Abroad/Exchange StudentsYes

Subject year levelYear Level 3 - UG

Exchange StudentsNo

Available as ElectiveNo

Learning ActivitiesN/A

Capstone subjectNo

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

Quota Management StrategyN/A

Quota-conditions or rulesN/A

Special conditionsN/A

Minimum credit point requirementN/A

Assumed knowledgeN/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 TypeBook

Resource RequirementPrescribed

AuthorN/A

YearN/A

Edition/VolumeN/A

PublisherN/A

ISBNN/A

Chapter/article titleN/A

Chapter/issueN/A

URLN/A

Other descriptionN/A

Source locationN/A

Career Ready

Career-focusedNo

Work-based learningNo

Self sourced or Uni sourcedN/A

Entire subject or partial subjectN/A

Total hours/days requiredN/A

Location of WBL activity (region)N/A

WBL addtional requirementsN/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 options

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Subject not currently offered - Subject options not available.