LB5514 - Indigenous and Cross-Cultural Dispute Resolution

Credit points:	03
Year:	2009
Student Contribution Band:	Band 3
Administered by:	School of Law Office

This subject examines mediation/negotiation theory and practice in cross-cultural contexts. It focuses on the application of mediation in those contexts. Mediation is a conflict resolution process created within a Western cultural system. The subject seeks to identify the limits of this Western model in cross-cultural conflict and negotiation. It will also examine how these limitations might be addressed in the mediation design phase and the implications for the implementation of a dispute resolution system. It will also have a particular focus on mediation and negotiation involving Indigenous peoples. Case studies will be used to examine mediation design in particular cross-cultural circumstances.

Learning Outcomes

• apply knowledge of the area of dispute resolution to the development of culturally appropriate mediation design, demonstrating sensitivity to the issues of cultural diversity;
• demonstrate effective analysis and evaluation of cross-cultural disputes culminating in the development of appropriate strategies for preparation for, design of and engagement in a dispute resolution process with cross-cultural parameters as a mediator or facilitator;
• through the application of appropriate problem-solving techniques, to effectively mediate/facilitate the resolution of a dispute with cross-cultural parameters;
• demonstrate knowledge of cross-cultural mediation involving Indigenous peoples from Australia and abroad;
• demonstrate an understanding of the cross-cultural context and its impact on how conflict manifests and dispute resolution is conducted between peoples or groups.

Graduate Qualities

• The ability to adapt knowledge to new situations;
• The ability to think critically, to analyse and evaluate claims, evidence and arguments, and to reason and deploy evidence clearly and logically;
• The ability to deploy critically evaluated information to practical ends;
• The ability to find and access information using appropriate media and technologies;
• The ability to evaluate that information;
• An understanding of the economic, legal, ethical, social and cultural issues involved in the use of information;
• The ability to select and organise information and to communicate it accurately, cogently, coherently, creatively and ethically;
• The ability to read complex and demanding texts accurately, critically and insightfully;
• The ability to speak and write clearly, coherently and creatively;
• The ability to communicate effectively with a range of audiences;
• The ability to lead, manage and contribute effectively to teams;
• The ability to work with people of different gender, age, ethnicity, culture, religion and political persuasion;
• The ability to work individually and independently;
• The ability to appraise information critically;
• The ability to use independent judgment to synthesise information to make intellectual and/or creative advances;
• The ability to think laterally and be original;
• The ability to conceptualise problems;
• The ability to conceptualise and evaluate a range of potential solutions to relevant problems;
• The ability to encompass and use methods and conceptual advances in areas of knowledge cognate to their central area(s) of expertise;
• The ability to communicate the methodology, results and implications of their research in a manner appropriate to different purposes and audiences;
• The potential to resolve conflicts.

Availabilities
Townsville, Block, Study Period 9
Census Date 09-Oct-2009
Face to face teaching 16-Oct-2009 to 08-Nov-2009 (Subject delivered in flexible and open learning through Learn JCU and workshops: 16 (evening), 17/18 October and 6 (evening)/7/8 November)
Coordinator:	Mr Sean Johnson
Contact hours:	32 hours workshops/Seminars
Assessment:	presentations (50%); essays (50%).

Note: Minor variations might occur due to the continuous Subject quality improvement process, and in case of minor variation(s) in assessment details, the Subject Outline represents the latest official information.