The purpose of the Mediation Skills Practicum is to introduce participants to the unique role of a mediator and the process of mediation, through the use of practical skills.

The overall objective is to give participants experience with the process of facilitating a mediation, in the role of mediator.

This will include practice with some of the fundamental skills that support the role and an opportunity to develop those skills further by critical reflection on their own practice, with reference to the theory of mediation as a method of dispute resolution.

The practicum is conducted using lectures and experiential exercises to give participants an understanding of the underpinning theory of interest-based negotiation in mediation and an opportunity to learn and practise the skills required for conduct of the process of mediation.

Learning Outcomes

Upon successful completion, students will have the knowledge and skills to:

1. Articulate and orally communicate the purpose of mediation and the role of a mediator; and differentiate the detailed stages and requirements of a mediation process and its limits; to the parties in a mediation (and others).
2. Apply the mediation model to the practice of mediation; develop and execute strategies to support parties in conflict to collaborate.
3. Design and execute a substantial written piece of reflective practice on one’s conduct as mediator in mediation.
4. Research, review and relate the theory of mediation to one’s actual performance in mediation; review and critically appraise one’s own practice as mediator; formulate improvements to one’s strategic interventions as mediator and predict the likely outcomes of these improved methods on parties to a mediation.

Required Resources

Recommended pre-reading: "Getting to Yes", Fisher and Ury

Text: "Guide to Mediation", Resolution Institute White Paper (proprietary handbook of Resolution Institute AU, to be supplied as pdf).

Recommended Resources

Whether you are on campus or studying online, there are a variety of online platforms you will use to participate in your study program. These could include videos for lectures and other instruction, two-way video conferencing for interactive learning, email and other messaging tools for communication, interactive web apps for formative and collaborative activities, print and/or photo/scan for handwritten work and drawings, and home-based assessment.

ANU outlines recommended student system requirements to ensure you are able to participate fully in your learning. Other information is also available about the various Learning Platforms you may use.

Staff Feedback

Students will be given feedback in the following forms in this course:

• written comments
• verbal comments
• feedback to individuals, small groups and whole class.

Student Feedback

ANU is committed to the demonstration of educational excellence and regularly seeks feedback from students. Students are encouraged to offer feedback directly to their Course Convener or through their College and Course representatives (if applicable). Feedback can also be provided to Course Conveners and teachers via the Student Experience of Learning & Teaching (SELT) feedback program. SELT surveys are confidential and also provide the Colleges and ANU Executive with opportunities to recognise excellent teaching, and opportunities for improvement.

Other Information

Task submission times refer to Canberra time (AEST/AEDT).

Extensions, late submission and penalties: https://law.anu.edu.au/current-students/policies-procedures/extensions-late-submission-and-penalties

Deferred examination: http://www.anu.edu.au/students/program-administration/assessments-exams/deferred-examinations

Special consideration: http://www.anu.edu.au/students/program-administration/assessments-exams/special-assessment-consideration

Penalties for excess word length: https://law.anu.edu.au/current-students/policies-procedures/word-length-and-excess-word-penalties

Distribution of Grades Policy: https://law.anu.edu.au/current-students/policies-procedures/grading

Further information about the course: is available from the course WATTLE page. Students are required to access the WATTLE site regularly throughout the course for any announcements relating to the course.

Class Schedule

Week/Session	Summary of Activities	Assessment
1	This is a face-to-face intensive course, to be delivered 8.30am to 5.30pm (Canberra), on 10-14 July 2023 inclusive. Topic I: The Mediation Process (Days 1-4)	Presentations and discussion regarding the theory and conduct of the distinct stages of the mediation process.
2	Topic II: Mediator Skills (Days 2-4)	Presentations, discussion and practice of the micro-skills required to conduct a mediation successfully.
3	Topic III: Mediator Ethics and Power (Day 4)	Presentations and discussion on the practical and ethical considerations regarding power in mediation.
4	Topic IV: Mediation Practice (Day 5)	Mediation practice-simulations; debriefing of lessons learned.

Tutorial Registration

ANU utilises MyTimetable to enable students to view the timetable for their enrolled courses, browse, then self-allocate to small teaching activities / tutorials so they can better plan their time. Find out more on the Timetable webpage.

Assessment Summary

Assessment task	Value	Due Date	Return of assessment	Learning Outcomes
Professional Conduct and Participation	5 %	*	25/08/2023	1,2,4
Optional Quiz 1	0 %	12/07/2023	12/07/2023	1,2
Optional Quiz 2	0 %	13/07/2023	13/07/2023	1,2
Mediators Opening Statement	25 %	20/07/2023	30/08/2023	1,2
Researched Critical Reflection on the Conduct of a Mediation	70 %	07/08/2023	30/08/2023	2,3,4

* If the Due Date and Return of Assessment date are blank, see the Assessment Tab for specific Assessment Task details

Policies

ANU has educational policies, procedures and guidelines , which are designed to ensure that staff and students are aware of the University’s academic standards, and implement them. Students are expected to have read the Academic Integrity Rule before the commencement of their course. Other key policies and guidelines include:

• Academic Integrity Policy and Procedure
• Student Assessment (Coursework) Policy and Procedure
• Extenuating Circumstances Application
• Student Surveys and Evaluations
• Deferred Examinations
• Student Complaint Resolution Policy and Procedure
• Code of practice for teaching and learning

Assessment Requirements

The ANU is using Turnitin to enhance student citation and referencing techniques, and to assess assignment submissions as a component of the University's approach to managing Academic Integrity. For additional information regarding Turnitin please visit the Academic Skills website. In rare cases where online submission using Turnitin software is not technically possible; or where not using Turnitin software has been justified by the Course Convener and approved by the Associate Dean (Education) on the basis of the teaching model being employed; students shall submit assessment online via ‘Wattle’ outside of Turnitin, or failing that in hard copy, or through a combination of submission methods as approved by the Associate Dean (Education). The submission method is detailed below.

Moderation of Assessment

Marks that are allocated during Semester are to be considered provisional until formalised by the College examiners meeting at the end of each Semester. If appropriate, some moderation of marks might be applied prior to final results being released.

Participation

It is a specific condition of entry to the Mediation Skills Practicum that a participant can attend and participate fully in all days and all sessions of the Practicum: 8.30am - 5.30pm, Monday to Friday. If this requirement cannot be met, the Practicum place will be offered to another participant for enrolment.

Examination(s)

There is no final examination for this course.

Assessment Task 1

Professional Conduct and Participation

Details of Task: Professional conduct and participation during the 5 days of the Mediation Skills Practicum.

Nature of Task: Compulsory and non-redeemable. Failure to complete will result in a mark of zero for this task. Participation in all activities and class discussions; including thorough preparation for (and realistic participation in) exercises. The expectation is that participants conduct themselves as they would if they were attending the week-long intensive as part of an in-house training sponsored by the legal practice in which they were employed.

NOTE: A student who misses any portion of the 5-day program and thus does not attend the full 5 day sessions, without exemption based on special circumstances, will receive an NCN for the course.

Weighting: 5%

Assessment Criteria: Assessment criteria/rubric will be provided on Wattle once the course commences.

Assessment Task 2

Optional Quiz 1

Details of Task: A two-part detailed quiz regarding the mediator's practical conduct of the stages of the mediation process. 

Nature of Task: Optional. The purpose of this zero-weighted assessment is to offer students feedback on their comprehension of core course material and to support preparation for the two major assessment tasks.

Weighting: 0%

Release: 5:30pm, Tuesday 11 July 2023

Due Date: 8am, Wednesday 12 July 2023. Due to the nature of the task, late submission or extension is not permitted.

Estimated Return Date: Available immediately on submission. A Q+A session will be provided for review and clarification as needed in class on Thursday 13 July 2023.

Assessment Criteria: The mark for the quiz is based on the number of correct responses.

Assessment Task 3

Optional Quiz 2

Details of Task: A two-part detailed quiz regarding the mediator's practical conduct of the stages of the mediation process. 

Nature of Task: Optional. The purpose of this zero-weighted assessment is to offer students feedback on their comprehension of core course material and to support preparation for the two major assessment tasks.

Weighting: 0%

Release 5:30pm, Wednesday 12 July 2023.

Due Date: 8am, Thursday 13 July 2023. Due to the nature of the task, late submission or extension is not permitted.

Estimated Return Date: Available immediately on submission. A Q+A session will be provided for review and clarification as needed in class on Thursday 13 July 2023.

Assessment Criteria: The mark for the quiz is based on the number of correct responses.

Assessment Task 4

Mediators Opening Statement

Details of Task: Conduct the mediators opening for a mediation. Make a video recording of your conduct of the mediators opening in a simulated mediation session.

Nature of Task: Compulsory and non-redeemable. Failure to complete will result in a mark of zero for this task.

Weighting: 25%

Release: In class on Day 4 of the Practicum (Thursday 13 July 2023)

Duration: 5-minute video recording of the mediators opening statement.

Submission Requirement: Via Wattle

Due Date: 5pm, Thursday 20 July 2023. Late submissions (without an extension) are permitted but standard late penalties apply. 

Estimated Return Date: Wednesday 30 August 2023

Assessment Criteria: Detailed assessment criteria/rubric will be provided on Wattle once the course commences.

Assessment Task 5

Researched Critical Reflection on the Conduct of a Mediation

Detail of Task: Write a detailed critical reflection on your conduct of a mediation. Conduct and record a simulated mediation, in which you are the mediator. From that recording, referencing both the underpinning theory and your conduct of the mediation, write a detailed and critical reflection on your conduct of the mediation with a view to improving your performance as mediator.

Nature of Task: Compulsory and non-redeemable. Failure to complete will result in a mark of zero for this task.

Weighting: 70%

Release: In class on Day 4 of the Practicum (Thursday 13 July 2023)

Duration: The video recording should be minimum 90 minutes and maximum 120 minutes long.

Word Limit: 3000 words for the written critical reflection. The ANU College of Law's Word Length and Excess Word penalties policy can be found here.

Submission Requirement: Your submission must be made in a word processing file format (.doc, .docx). PDF files will not be accepted.

Due Date: 5pm, Monday 7 August 2023 via Wattle. Late submissions (without an extension) are permitted but standard late penalties apply.

Estimated Return Date: Wednesday 30 August 2023

Assessment Criteria: Detailed assessment criteria/rubric will be provided on Wattle once the course commences.

Academic Integrity

Academic integrity is a core part of the ANU culture as a community of scholars. The University’s students are an integral part of that community. The academic integrity principle commits all students to engage in academic work in ways that are consistent with, and actively support, academic integrity, and to uphold this commitment by behaving honestly, responsibly and ethically, and with respect and fairness, in scholarly practice.

The University expects all staff and students to be familiar with the academic integrity principle, the Academic Integrity Rule 2021, the Policy: Student Academic Integrity and Procedure: Student Academic Integrity, and to uphold high standards of academic integrity to ensure the quality and value of our qualifications.

The Academic Integrity Rule 2021 is a legal document that the University uses to promote academic integrity, and manage breaches of the academic integrity principle. The Policy and Procedure support the Rule by outlining overarching principles, responsibilities and processes. The Academic Integrity Rule 2021 commences on 1 December 2021 and applies to courses commencing on or after that date, as well as to research conduct occurring on or after that date. Prior to this, the Academic Misconduct Rule 2015 applies.

 

The University commits to assisting all students to understand how to engage in academic work in ways that are consistent with, and actively support academic integrity. All coursework students must complete the online Academic Integrity Module (Epigeum), and Higher Degree Research (HDR) students are required to complete research integrity training. The Academic Integrity website provides information about services available to assist students with their assignments, examinations and other learning activities, as well as understanding and upholding academic integrity.

Online Submission

You will be required to electronically sign a declaration as part of the submission of your assignment. Please keep a copy of the assignment for your records. Unless an exemption has been approved by the Associate Dean (Education) submission must be through Turnitin in a word processing file format (.doc, .docx). Electronic copies in .pdf file format are not acceptable.

Hardcopy Submission

For some forms of assessment (hand written assignments, art works, laboratory notes, etc.) hard copy submission is appropriate when approved by the Associate Dean (Education). Hard copy submissions must utilise the Assignment Cover Sheet. Please keep a copy of tasks completed for your records.

Late Submission

Individual assessment tasks may or may not allow for late submission. Policy regarding late submission is detailed below:

• Late submission not permitted. If submission of assessment tasks without an extension after the due date is not permitted, a mark of 0 will be awarded.
• Late submission permitted. Late submission of assessment tasks without an extension are penalised at the rate of 5% of the possible marks available per working day or part thereof. Late submission of assessment tasks is not accepted after 10 working days after the due date, or on or after the date specified in the course outline for the return of the assessment item.
• Late submission is not accepted for tests or examinations.
• Late submission with an extension. To ensure equity for all students, the 5% penalty per working day for late submission of work does not apply if you have been granted an extension. Where an extension is granted, the revised due date and submission time will be provided in writing. Importantly, any revised due date is inclusive of weekends and public holidays. Regardless of which day of the week the revised due date falls on, students who submit after that date will be penalised by 5% of the possible marks available for the task per 24-hour period.  

Referencing Requirements

The Academic Skills website has information to assist you with your writing and assessments. The website includes information about Academic Integrity including referencing requirements for different disciplines. There is also information on Plagiarism and different ways to use source material.

Returning Assignments

All marks and feedback will be provided by the return date listed in the class summary. 

Extensions and Penalties

Extensions and late submission of assessment pieces are covered by the Student Assessment (Coursework) Policy and Procedure. Extensions may be granted for assessment pieces that are not examinations or take-home examinations. If you need an extension, you must request an extension in writing on or before the due date. If you have documented and appropriate medical evidence that demonstrates you were not able to request an extension on or before the due date, you may be able to request it after the due date.

Privacy Notice

The ANU has made a number of third party, online, databases available for students to use. Use of each online database is conditional on student end users first agreeing to the database licensor’s terms of service and/or privacy policy. Students should read these carefully. In some cases student end users will be required to register an account with the database licensor and submit personal information, including their: first name; last name; ANU email address; and other information.
In cases where student end users are asked to submit ‘content’ to a database, such as an assignment or short answers, the database licensor may only use the student’s ‘content’ in accordance with the terms of service – including any (copyright) licence the student grants to the database licensor. Any personal information or content a student submits may be stored by the licensor, potentially offshore, and will be used to process the database service in accordance with the licensors terms of service and/or privacy policy.
If any student chooses not to agree to the database licensor’s terms of service or privacy policy, the student will not be able to access and use the database. In these circumstances students should contact their lecturer to enquire about alternative arrangements that are available.

Distribution of grades policy

Academic Quality Assurance Committee monitors the performance of students, including attrition, further study and employment rates and grade distribution, and College reports on quality assurance processes for assessment activities, including alignment with national and international disciplinary and interdisciplinary standards, as well as qualification type learning outcomes.

Since first semester 1994, ANU uses a grading scale for all courses. This grading scale is used by all academic areas of the University.

Support for students

The University offers students support through several different services. You may contact the services listed below directly or seek advice from your Course Convener, Student Administrators, or your College and Course representatives (if applicable).

• ANU Health, safety & wellbeing for medical services, counselling, mental health and spiritual support
• ANU Access and inclusion for students with a disability or ongoing or chronic illness
• ANU Dean of Students for confidential, impartial advice and help to resolve problems between students and the academic or administrative areas of the University
• ANU Academic Skills and Learning Centre supports you make your own decisions about how you learn and manage your workload.
• ANU Counselling Centre promotes, supports and enhances mental health and wellbeing within the University student community.
• ANUSA supports and represents all ANU students