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Unit outline_

LAWS6821: Mediation - Skills and Theory

Intensive November - December, 2022 [Block mode] - Camperdown/Darlington, Sydney

This unit will teach you the fundamental skills and theory of mediation. The skills component of the unit is extensive and is the reason for the limited enrolment. The unit is designed to enable interested students to progress to accreditation as mediators (additional external study with coaching and assessment will be required) and the content of the unit is designed to meet the content requirements of the National Mediator Accreditation System. In particular the content of the subject is designed to explore the competency areas required for accreditation and the knowledge, skills and ethical understanding competency framework set out in the National Mediator Accreditation Standards. However, mediation is not simply a procedural template that can be learned and applied to every dispute with benefit. It raises interesting and complex issues of theory and ethics, which will be integrated with the skills components of the unit. Issues of culture, power, mediator neutrality and ethical dilemmas for the mediator will be considered.

Unit details and rules

Academic unit Law
Credit points 6
Prerequisites
? 
None
Corequisites
? 
None
Prohibitions
? 
LAWS6935
Assumed knowledge
? 

None

Available to study abroad and exchange students

No

Teaching staff

Coordinator Tania Sourdin, tania.sourdin@sydney.edu.au
Lecturer(s) Tania Sourdin, tania.sourdin@sydney.edu.au
Type Description Weight Due Length
Participation hurdle task Class and role play participation
Journal and participation
30% -
Due date: 15 Dec 2022 at 17:00

Closing date: 22 Dec 2022
3000 words / 16 days
Outcomes assessed: LO1 LO3 LO2
Assignment hurdle task Research essay
Essay
70% -
Due date: 23 Jan 2023 at 17:00

Closing date: 31 Jan 2023
5000 words / 40 days
Outcomes assessed: LO4
hurdle task = hurdle task ?

Assessment summary

 

Class and role play participation (30%): You are required to keep a daily electronic personal journal of the knowledge and skills found important, and how you will utilise the knowledge and skills in your working and personal life. It should also reflect on readings that you have completed following the workshop.  Final submission of this 3000 word maximum electronic journal, is at 5 pm on 15 December 2022. Your mark will be given by your reflective journal content, enthusiastic participation and reflection, awareness and intelligent comment. A reflective journal guide will be provided.

Research essay (70%):  A choice of topics will be released to students on Canvas prior to the 2 November introductory zoom class.  Students may choose a topic from those provided or may devise their own. If you propose your own topic, it must be submitted online in the form of an emailing detailing the proposed content of the Essay and details about the bibliography for approval by the coordinator by 5pm on 15 December 2022.

The Research Essay, 5000 words maximum, is due at 5pm on 23 January 2023. This word count includes all text and headings but not footnotes. The outcome of a successful Special Consideration application prior to the closing date (as specified in the Assessment Table) is an extension. Special consideration after that date may lead to an alternative assessment task which is at the discretion of the coordinator.

Note: Students must retain pre-submitted drafts of their assessments on file.

​​​​​​​A student must make a genuine attempt at all assessment tasks set out for this unit of study in order to obtain a Pass mark and grade (or above); otherwise an Absent Fail grade will be recorded as the student’s result for this unit of study.  Detailed information for each assessment can be found on Canvas.

 

Assessment criteria

The University awards common result grades, set out in the Coursework Policy 2014 (Schedule 1).

As a general guide, a high distinction indicates work of an exceptional standard, a distinction a very high standard, a credit a good standard, and a pass an acceptable standard.

Result name

Mark range

Description

High distinction

85 - 100

  • Completely answers the question.
  • Contains striking originality of approach or analysis.
  • Demonstrates exhaustive or innovative research (where independent research required).
  • Exceptionally well written, structured and expressed.
  • Is otherwise exceptional in some way.

Distinction

75 - 84

  • Completely answers the question.
  • Achieves a critical and evaluative approach to the issues.
  • Content and structure is well organised in support of the argument.
  • Demonstrates extensive research and analysis to support a well-documented argument.
  • Generally well expressed and free from errors.
  • Has a clear structure and is well articulated.

Credit

65 - 74

  • Covers main issues fairly well in answering the question.
  • Contains no significant errors.
  • Demonstrates an attempted critical approach to the issues.
  • Demonstrates reasonably sound research and analysis in addressing the key issues.
  • Has a clear structure and reasonably clear expression.

Pass

50 - 64

  • Identifies the key issues, but does not follow through with a reasoned argument.
  • Contains some significant errors.
  • Displays satisfactory engagement with the key issues.
  • Offers a descriptive summary of material relevant to the question.
  • Superficial use of material, and may display a tendency to paraphrase.
  • Demonstrates little evidence of in-depth research or analysis.
  • Adequate expression.
  • Overall, demonstrates the minimum level of competence in the assessment and satisfies the requirements to proceed to higher-level studies in the degree or subject area.

Fail

0 - 49

  • Does not answer the question.
  • Contains significant or numerous errors.
  • Few or no identifiable arguments.
  • Content that is inappropriate or irrelevant.
  • Lack of research or analysis.
  • Difficult or impossible to understand through poor grammar, expression or structure.
  • Overall, does not demonstrate the minimum level of competence in the assessment.

For more information see guide to grades.

Late submission

In accordance with University policy, these penalties apply when written work is submitted after 11:59pm on the due date:

  • Deduction of 5% of the maximum mark for each calendar day after the due date.
  • After ten calendar days late, a mark of zero will be awarded.

This unit has an exception to the standard University policy or supplementary information has been provided by the unit coordinator. This information is displayed below:

The late submission of a piece of assessment, which has not been granted an extension, will attract a penalty of 5% of the total marks available for the piece of assessment per calendar day or part thereof. For example, a submission after 4pm but by 11.59pm on the due date for submission will attract a 5% penalty. A submission on the following day after 12 midnight will attract a 15% penalty, and so on. Late penalties will be strictly applied. The date and time of submission as recorded by Canvas is taken as the official and final record of a student’s submission.

Academic integrity

The Current Student website provides information on academic integrity and the resources available to all students. The University expects students and staff to act ethically and honestly and will treat all allegations of academic integrity breaches seriously.

We use similarity detection software to detect potential instances of plagiarism or other forms of academic integrity breach. If such matches indicate evidence of plagiarism or other forms of academic integrity breaches, your teacher is required to report your work for further investigation.

Use of generative artificial intelligence (AI) and automated writing tools

You may only use generative AI and automated writing tools in assessment tasks if you are permitted to by your unit coordinator. If you do use these tools, you must acknowledge this in your work, either in a footnote or an acknowledgement section. The assessment instructions or unit outline will give guidance of the types of tools that are permitted and how the tools should be used.

Your final submitted work must be your own, original work. You must acknowledge any use of generative AI tools that have been used in the assessment, and any material that forms part of your submission must be appropriately referenced. For guidance on how to acknowledge the use of AI, please refer to the AI in Education Canvas site.

The unapproved use of these tools or unacknowledged use will be considered a breach of the Academic Integrity Policy and penalties may apply.

Studiosity is permitted unless otherwise indicated by the unit coordinator. The use of this service must be acknowledged in your submission as detailed on the Learning Hub’s Canvas page.

Outside assessment tasks, generative AI tools may be used to support your learning. The AI in Education Canvas site contains a number of productive ways that students are using AI to improve their learning.

Simple extensions

If you encounter a problem submitting your work on time, you may be able to apply for an extension of five calendar days through a simple extension.  The application process will be different depending on the type of assessment and extensions cannot be granted for some assessment types like exams.

Special consideration

If exceptional circumstances mean you can’t complete an assessment, you need consideration for a longer period of time, or if you have essential commitments which impact your performance in an assessment, you may be eligible for special consideration or special arrangements.

Special consideration applications will not be affected by a simple extension application.

Using AI responsibly

Co-created with students, AI in Education includes lots of helpful examples of how students use generative AI tools to support their learning. It explains how generative AI works, the different tools available and how to use them responsibly and productively.

WK Topic Learning activity Learning outcomes
Ongoing 1. Introduction; 2. Alternative Dispute Resolution; 3. Interest based negotiation; 4. Process of mediation; 5. Role Play One - mediation scenario; 6. Debrief mediator skills and processes; 7. Private sessions; 8. Reaching agreement. Seminar (8 hr)  
1. Review and Private Sessions; 2. Questions in Mediation; 3. Role Play Two - Mediation scenario; 4. Debrief - Skills in Private Session; 5. Reaching Agreement; 6. Reaching Agreement - impasse and reframing; 7. Role Play Three - Mediation Scenario; 8. Debrief. Seminar (8 hr)  
1. preliminary Conferences - preparation, dispute diagnosis and intake; 2. co-Mediation - communication preferences and understandings; 3. Role Play Four - co-mediation scenario; 4. Debrief; 5. Ethical issues in mediation; Role Play Five - co-mediation scenario; 6. Debrief Seminar (8 hr)  
1. Review of mediation process; 2. Confidentiality; 3. Role Play Six - fishbowl mediation; 4. Debrief - focus on role of lawyers and experts in mediation; 5. Complex mediation and value conflicts; 6. Ethical understandings - avoidance of conflicts, marketing/advertising of mediation, fiduciary obligation 7. Questions and Review. Seminar (8 hr)  

Attendance and class requirements

  • Attendance: All students are required to attend 90% of classes to satisfy the pass requirements for this unit of study. This is because assessment tasks (ie the Journal) require attendance and class participation in order to make a satisfactory attempt at all assessment tasks set out for this Unit of Study to obtain a Pass mark and grade (or above), as specified above under Assessment regime and Assessment grading guidelines. Failure to meet this requirement may result in a student being precluded from sitting the final assessment, and being discontinued from the unit of study, resulting in an Absent Fail or Discontinue - Fail grade. Participation in all schedule sessions is essential. 
  • Word count penalty: A piece of assessment which exceeds the prescribed word limit will attract a penalty of 5% of the total marks available for the piece of assessment for every 100 words, or part thereof, over the limit. This word count includes all text, headings, footnotes. 
  • Referencing guide: The Sydney Law School expects you to use the most recent version of the Australian Guide to Legal Citation (4th edition, 2018) for your footnoting style, although you should confirm this with your lecturer, and a link to the website where this is set out comprehensively is available at About the Australian Guide to Legal Citation (AGLC).

Study commitment

Typically, there is a minimum expectation of 1.5-2 hours of student effort per week per credit point for units of study offered over a full semester. For a 6 credit point unit, this equates to roughly 120-150 hours of student effort in total.

Required readings

All readings for this unit can be accessed through the Library eReserve, available on Canvas.

  • Tania Sourdin, Alternative Dispute Resolution, 6th Edition, Thomas Reuters, Sydney, 2020.

Learning outcomes are what students know, understand and are able to do on completion of a unit of study. They are aligned with the University's graduate qualities and are assessed as part of the curriculum.

At the completion of this unit, you should be able to:

  • LO1. understand the theoretical frameworks to consider issues relating to mediation that can assist in developing mediation approaches, processes and skills
  • LO2. partially meet the National Mediator Accreditation Standard requirements
  • LO3. utilise tools to deal with mediation parties and clients at initial intake and in mediation stages
  • LO4. develop strategies to support mediation and related alternative dispute resolution process options (approaches for negotiating in a constructive manner).

Graduate qualities

The graduate qualities are the qualities and skills that all University of Sydney graduates must demonstrate on successful completion of an award course. As a future Sydney graduate, the set of qualities have been designed to equip you for the contemporary world.

GQ1 Depth of disciplinary expertise

Deep disciplinary expertise is the ability to integrate and rigorously apply knowledge, understanding and skills of a recognised discipline defined by scholarly activity, as well as familiarity with evolving practice of the discipline.

GQ2 Critical thinking and problem solving

Critical thinking and problem solving are the questioning of ideas, evidence and assumptions in order to propose and evaluate hypotheses or alternative arguments before formulating a conclusion or a solution to an identified problem.

GQ3 Oral and written communication

Effective communication, in both oral and written form, is the clear exchange of meaning in a manner that is appropriate to audience and context.

GQ4 Information and digital literacy

Information and digital literacy is the ability to locate, interpret, evaluate, manage, adapt, integrate, create and convey information using appropriate resources, tools and strategies.

GQ5 Inventiveness

Generating novel ideas and solutions.

GQ6 Cultural competence

Cultural Competence is the ability to actively, ethically, respectfully, and successfully engage across and between cultures. In the Australian context, this includes and celebrates Aboriginal and Torres Strait Islander cultures, knowledge systems, and a mature understanding of contemporary issues.

GQ7 Interdisciplinary effectiveness

Interdisciplinary effectiveness is the integration and synthesis of multiple viewpoints and practices, working effectively across disciplinary boundaries.

GQ8 Integrated professional, ethical, and personal identity

An integrated professional, ethical and personal identity is understanding the interaction between one’s personal and professional selves in an ethical context.

GQ9 Influence

Engaging others in a process, idea or vision.

Outcome map

Learning outcomes Graduate qualities
GQ1 GQ2 GQ3 GQ4 GQ5 GQ6 GQ7 GQ8 GQ9

This section outlines changes made to this unit following staff and student reviews.

Textbook has been updated.

Disclaimer

The University reserves the right to amend units of study or no longer offer certain units, including where there are low enrolment numbers.

To help you understand common terms that we use at the University, we offer an online glossary.