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Monash University

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Mediation and law: From problem solving to narrative building

  • LAW4649
  • Not offered in 2013
  • 6 points, SCA Band 3, 0.125 EFTSL
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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,... -- Course Website

Prerequisites: None



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