Units

---

Sample subject outline - 6 Week Teaching Period - 1 2013

Note: Subject outlines often change before the semester begins. Below is a sample outline.

Rationale

The ADR movement has developed at a rapid pace in Australia and internationally with mediation being incorporated into the practices of most courts and tribunals as well as at the private level. This unit examines the theory and skills of mediation.

Aims

The aim of this unit is to provide a coherent knowledge and understanding of mediation theory as well as developing mediation skills relevant to ongoing learning and professional practice.

Objectives

On completion of this unit you should be able to:
(1) identify and explain the different theories of mediation and the various mediation models;
(2) critically evaluate the circumstances in which mediation is an appropriate dispute resolution process;
(3) apply that knowledge in determining the suitability of the many mediation schemes and services available in Australia (with particular reference to Queensland) in context; and
(4) demonstrate basic mediation skills.

Content

This unit covers:

• What is ADR?


• What is Mediation?


• Mediation in Australia - court annexed schemes - private initiatives


• The Role of the Mediator


• An examination of Mediation Theory and Models


• A critical examination of the circumstances in which mediation is an appropriate dispute resolution process including the impact of power on the mediation process


• Mediation Skills,


• Mediator Ethics; and


• Mediator Liability

Approaches to Teaching and Learning

This is an intensive skills based course. Role plays and simulated mediation sessions will be employed extensively and classes will be condensed into a four day period with approximately 6 -7 hours of classes per day. A mixture of large and small group teaching activities will be utilised.

A number of mediation DVDs produced in Australia and the United States will be presented for critical analysis. Participatory teaching methods such as buzz groups and brainstorming will also be frequently used.

You will have the opportunity to consult with your lecturers on an informal basis about any aspect of the unit throughout the intensive teaching period. You will also have an opportunity to consult with the lecturers after the conclusion of the intensive period, during the allocated and agreed staff consultation times, and prior to the submission date for your research paper.

This unit is supported by an online teaching site.

Assessment

In the workshop sessions the lecturer's comments in relation to answers given by individual students, together with group discussions, provide you with formative feedback.

Lecturers will also be available in person at specified times or via the email to answer questions from students.

You will be given an opportunity for formative assessment of your skills development during the role play sessions through lecturer's comments.

You are required to submit a short written outline of your topic and your research methodology within 2 weeks of the completion of the intensive.

Assessment name: Discussion Forum
Description: You are expected to attend 100% of all classes and to be actively involved in role-plays, simulated mediation exercises and group discussions. Your participation mark will take into account your ability to listen to others, your demonstrated level of preparation, the quality of your contribution and your demonstrated ability to answer questions.
Relates to objectives: Unit objectives (1) - (4) will be assessed by class participation.
Weight: 30%
Internal or external: Internal
Group or individual: Individual
Due date: Continuing

Assessment name: Research Paper
Description: You are required to submit a research paper of approximately 6000 words on a related topic of your own choice. It is anticipated that areas of interest will emerge as students gain a greater knowledge of the subject area. All students are required to submit a short written outline of your topic and your research methodology within 2 weeks of the completion of the intensive. The exact due date for papers will be negotiated in class.
Your research paper should comply with the rules for the presentation of research papers and projects in the section on "Guidelines for Presentation of Research Papers and Research Projects" in the Postgraduate Student Information Booklet. The School of Law has produced its own citation guidelines. These may be accessed at: Law Publications. These guidelines are recommended for all students undertaking postgraduate studies.
Other citation guides may be used, after written approval to do so from the unit coordinator or supervisor.
Due Date - negotiated during class but not less than six weeks after end of intensive.
Relates to objectives: Unit objectives (1) - (3) will be assessed by the research paper.
Weight: 70%
Internal or external: Internal
Group or individual: Individual
Due date: Negotiated in class

Academic Honesty

QUT is committed to maintaining high academic standards to protect the value of its qualifications. To assist you in assuring the academic integrity of your assessment you are encouraged to make use of the support materials and services available to help you consider and check your assessment items. Important information about the university's approach to academic integrity of assessment is on your unit Blackboard site.

A breach of academic integrity is regarded as Student Misconduct and can lead to the imposition of penalties.

Resource materials

There is no prescribed text for this unit. A Study Guide Workbook will be used in workshops as a focus for unit content and learning activities. The following major texts and references will be referred to throughout the unit.

Major Texts

Sourdin, T., Alternative Dispute Resolution, 2nd Ed, Lawbook Co., 2005
Astor, H and Chinkin,C., Dispute Resolution in Australia, 2nd Ed, Butterworths, 2002
Boulle, L., Mediation Principles Process Practice, 2nd Ed, Butterworths, 2005
Moore, CW., The Mediation Process: practical strategies for resolving conflict, 3rd Ed, Jossey-Bass Publishers, 2003

References

Brandon, M and Robertson, L., Conflict and Dispute Resolution, Oxford, 2007
Fisher, R and Ury, W., Getting to Yes, Arrow Books, London, 1990
Folberg, J and Taylor, A., Mediation, Jossey-Bass Publishers, 1988
Fulton, M., Commercial Alternative Dispute Resolution, Law Book Co Ltd, 1989.
The Australian Dispute Resolution Journal, Law Book Co, 1990 to 2007
Mayer, B,. Beyond Neutrality, Jossey-Bass, 2004

Risk assessment statement

There are no out of the ordinary risks associated with this unit.

Disclaimer - Offer of some units is subject to viability, and information in these Unit Outlines is subject to change prior to commencement of semester.

Last modified: 18-Oct-2012