UnitLevel 5Postgraduate

LAW5621 Mediation and law: From problem solving to narrative building

Faculty of Law

LAW5621 Mediation and law: From problem solving to narrative building is a level 5, 6-credit-point, postgraduate unit from the Faculty of Law. It isn't offered in 2021. It has no prerequisites.

Credit points
6
Offered in 2021
Not offered
Assessment
Exam 60%
and 3 other tasks

This is the 2021 handbook entry. See the 2022 entry.

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Overview

The unit explores four models which exist within the field of mediation, and examines their connection with various jurisprudential approaches. Mediation is an alternative method to litigation, in which a third party facilitates negotiation between at least two other parties. Mediation is the paradigmatic alternative to adjudication and its basic principles are unique and different from those of the adversarial model. The course examines the notion of mediation

by referring to four conceptual frameworks to understand it: Traditional communal; Pragmatic problem solving; Humanistic Transformative and Narrative Cultural. Each model of mediation will be studied both in practice and theory, and its relation to jurisprudential streams of thought will be examined. Theories such as legal feminism, legal pluralism, multiculturalism and postmodernism

will be studied as possible foundations for the various models, and their application will be examined critically through the use of case studies, films and simulations. The overall sequence of the course will show the transformation of mediation from a pragmatic efficient alternative to litigation to a public narrative based method for the resolution of public dispute.

Offerings in 2021

The 2021 handbook lists no offerings for LAW5621.

Assessment

  • Class participationParticipation
    10%
  • Response paperOther
    10%
  • Written assignmentAssignment
    20%
  • Take-home examTake home exam
    60%

Learning outcomes

When you finish this unit, you should be able to:

  1. 1

    Demonstrate understanding of the relationship between jurisprudential models and ADR, as well as intercultural aspects of mediation by applying these independently in a range of relevant contexts.

  2. 2

    Communicate effectively and persuasively in both oral and written form by identifying, discussing and applying mediation in various contexts, including across cultures and jurisdictions.

  3. 3

    Investigate, analyse & synthesise information from a broad range of sources concerning the theoretical frameworks which underlie the process of mediation and the differences between distinct models of mediation.

  4. 4

    Conduct research into theoretical and practical models of mediation and ADR and use this information to respond creatively to a range of complex problems.

Workload and teaching

Students are required to attend 36 hours of lectures over the duration of this semi-intensive unit.

Where it fits

LAW5621 is part of 1 area of study in the 2021 handbook.

Contacts

Chief Examiners
Professor Marilyn Pittard

Common questions

What are the prerequisites for LAW5621?

LAW5621 has no prerequisites.

When is LAW5621 offered?

LAW5621 has no offerings listed in the 2021 handbook.

Does LAW5621 have an exam?

Yes. The exam is worth 60% of the final mark, alongside 3 other tasks.

Which majors and minors include LAW5621?

LAW5621 is part of Dispute resolution.

More details

Credit points
6
Level
5
Study level
Postgraduate
Faculty
Faculty of Law
Type
Coursework
EFTSL
0.125
Student contribution
SCA Band 4
Study abroad
Available
Handbook years
202020212022