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 2022. It has no prerequisites.
- Credit points
- 6
- Offered in 2022
- Not offered
- Assessment
- Exam 60%
- and 3 other tasks
The 2027 handbook has no page for LAW5621. This is its 2022 entry, the latest one.
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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 2022
The 2022 handbook lists no offerings for LAW5621.
Assessment
- Class participationParticipation10%
- Response paperOther10%
- Written assignmentAssignment20%
- Take-home examTake home exam60%
Learning outcomes
When you finish this unit, you should be able to:
- 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
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
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
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
- Workshops36 hours
- Teaching approachActive learning
Students are required to attend 36 hours of lectures over the duration of this semi-intensive unit.
Learning resources
Required resources
See the Moodle unit page for prescribed and recommended resources. Prescribed texts are usually available for purchase through the University Bookstore and are sometimes available for short-term loan or as eBooks through the library.
Where it fits
LAW5621 is part of 1 area of study in the 2022 handbook.
Common questions
What are the prerequisites for LAW5621?
LAW5621 has no prerequisites.
When is LAW5621 offered?
LAW5621 has no offerings listed in the 2022 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.