Course Title: Implement the Mediation Process in a Justice Environment

Part B: Course Detail

Teaching Period: Term1 2010

Course Code: HWSS5408

Course Title: Implement the Mediation Process in a Justice Environment

School: 365T Global Studies, Soc Sci & Plng

Campus: City Campus

Program: C6077 - Advanced Diploma of Justice

Course Contact : Lynda White

Course Contact Phone: +61 3 99254512

Course Contact

Name and Contact Details of All Other Relevant Staff

Irene Pagliarella 99254581

Nominal Hours: 60

Regardless of the mode of delivery, represent a guide to the relative teaching time and student effort required to successfully achieve a particular competency/module. This may include not only scheduled classes or workplace visits but also the amount of effort required to undertake, evaluate and complete all assessment requirements, including any non-classroom activities.

Pre-requisites and Co-requisites

VBQU372 Apply Oral & Written Communication Skills in a Justice Environment

Course Description

This course covers the competency required to communicate and develop skills required for the mediation process and to assist clients in their roles and responsibilities in the mediation process

National Codes, Titles, Elements and Performance Criteria

National Element Code & Title:

VBQU373 Implement the Mediation Process in a Justice Environment


02 Identify, interpret and respond to non-verbal communication in a criminal justice environment

Performance Criteria:

1.Socio-cultural factors which can alter the meaning of non-verbal communication are analysed
2.The effects of alcohol, drugs and mental illness are examined and appropriate responses are outlined
3.Communication styles in justice environment contexts are examined and analysed to identify how they affect interpretation of non-verbal communication in the criminal justice environment


03  Analyse the causes, key indicators, stages and approaches to conflict and conflict resolution in a criminal justice environment

Performance Criteria:

1.Concepts of conflict are outlined, and causes and triggers of conflict are examined
2.The key indicators and stages of conflict are identified
3.An analysis is undertaken to differentiate between the application of competitive and cooperative approach to conflict resolution


04 Determine the nature of a dispute

Performance Criteria:

1.Parties to dispute are interviewed separately to determine their positions in relation to the dispute
2.Positions of parties to the dispute are documented and verification of these positions is undertaken
3.Boundaries for allowable options in dispute are determined


05 Inform clients on the mediation process

Performance Criteria:

1.Accurate, timely and relevant information is provided about the mediation processes available
2.Co-mediation needs are identified
3.Co-mediation roles are clarified and used according to agency guidelines
4.Parties’ understanding of the sequential steps of mediation is verified
5.Parties are clear on their role and mediator and agency role


06 Clarify presented information on the dispute

Performance Criteria:

1.The issues presented prior to the mediation are accurately and concisely analysed to assess the most suitable case management options
2.The need to seek advice on the legal or factual complexity of the matter is clarified
3.Court orders are noted, potential risks are identified and responses formulated using relevant knowledge of safety procedures


07 Prepare for mediation

Performance Criteria:

1.1.Parties to mediation and in dispute are identified
2.Guidelines and procedures are accessed to guide dispute resolution
3.Parties to dispute are informed of mediation processes to be followed
4.Agreement is gained for the mediation process to be followed


08 Determine organisational requirements for mediation

Performance Criteria:

1.Needs in relation to dispute resolution within the organisation are determined
2.History of disputes and dispute resolution within the organisation, including triggers for disputes, are researched and collated
3.Key stakeholders are identified and consulted to determine requirements related to mediation
4.Research is undertaken into models and systems for mediation and documented


09 Assist clients to provide their information

Performance Criteria:

1.Specialist communication skills are used to facilitate clients’ provision of information

2.Documented factual information is clarified

3.Clients are assisted to consider what relevant information is


01 Analyse the skills required for effective communication in a justice environment

Performance Criteria:

1.The process for effective communication is identified and analysed
2.The barriers to effective communication are identified
3.The role of communication in conflict resolution is outlined and its applications in the justice environment are analysed
4.The steps for effective listening are outlined
5.Active listening styles are identified and applied in a variety of justice environments
6.Socio-cultural factors impacting on communication pathways are analysed

Learning Outcomes

See Elements

Details of Learning Activities

Students will participate in a variety of teaching methods including: lectures, tutorials, class discussion, role-plays, seminar presentations, group/individual work on projects, audio-visual presentations, field excursions where applicable, on site visits, and interaction with individuals and groups within the criminal justice area

Teaching Schedule

Week One: Effective Communication in Justice

Week Two: Non-verbal Communication

Week Three: Cross-Cultural Communication

Week Four: Causes of Conflict and Resolving Disputes

Week Five: Interviewing and Record-Keeping

Week Six: The ‘Rules’ of Mediation

Week Seven: Semester Break-no classes

Week Eight: Mediation and Safety Issues

Week Nine: Problems in Mediation

Week Ten: Final rehearsals of role plays

Week Eleven: Presentations: Workplace Dispute and Dispute Involving Victim and Offender

Week Twelve: Presentations- Neighbour Dispute and Family Dispute

Week Thirteen: Presentations: Dispute between Young People and Dispute between Group Work Participants

Week Fourteen: Revision/Report Writing Workshop

Week Fifteen: Exam

Week Sixteen: Overview and Evaluation

Learning Resources

Prescribed Texts


Other Resources

Overview of Assessment

The major mode of assessment will be by participation in a role play. Students will also be expected to participate in simulated exercises and write a reflective report. In addition there will be an end of semester examination containing questions on essential knowledge related to mediation and communication skills.

Assessment Tasks

Assessment Tasks There are 4 pieces of assessment in this subject, as follows:
1. Participation in Class Discussions 15%. Students are expected to prepare for and attend all classes, and to actively participate in class discussions. This portion of the final grade will be based upon the student’s critical engagement with the subject matter and readings, as demonstrated in the quality and quantity of their involvement in class discussions and debates. No marks are awarded simply for attendance; however as absence clearly precludes participation, it must be expected that consistent absences will impact upon the overall course grade.
2. Role-Play 30%. Working in groups of 3, students are to demonstrate effective mediation skills in a class presentation lasting no more than 20-30 minutes. The presentation will be based on one of the following scenarios:
a) a dispute involving young adults
b) dispute between group work participants
c) a neighbourhood dispute
d) a family dispute
e) a dispute in the workplace
f) a dispute between a victim and an offender
Students must script the role play, introduce the class to the main issues that are dealt with in the role play, act in the role play and de-brief the class afterwards. Participants are also to demonstrate that they can use effective communication to make this project a success. The role plays will be presented in Weeks 11-13 and students will be allocated to a group and given the theme of their role play in Week 1. (Assesses all elements in this subject)
3. Reflective Report 30%. Students are required to write a 1000 word report reflecting on the process of working on and presenting their role-play and explaining what was learned about communication in general and mediation in particular. The report must draw on the readings provided for this subject and must demonstrate a sound understanding of the skills and knowledge required to be an effective mediator.
4. Exam (25%). Multiple choice exam covering key terms and concepts relating to mediation. The exam will be held in class in Week 15. It will be closed book and will last for a maximum of 1 hour including reading time. (Assesses all elements in this subject).

Assessment Matrix

Course Overview: Access Course Overview