Module Catalogue 2024/25

Pre Requisite Comment

N/A

Co Requisite Comment

N/A

Aims

The aims of this class are to introduce students to a range of issues relevant to the practice of mediation both from a standpoint of the role of the mediator and also around the role of lawyers in the process. Students will learn about key attributes, skills and techniques of mediators as well as how to effectively negotiate for and represent clients in the mediation process. Students shall explore the issue of lawyer engagement with mediation examining such issues as resistance, co-option and career opportunities and also learn to draft relevant paperwork in the process, including briefs, mediation contracts and settlements.

Outline Of Syllabus

Mediation Processes & practical models

The attributes of successful mediators

Mediator Skills and Techniques: including setting ground rules, opening statements, styles of questioning, reality testing, summarising, problem solving, caucusing

Lawyer engagement with mediation – including resistance, adoption and opportunities for practice

Mediation Representation and Advocacy skills: including dispute resolution forum choice; handling client resistance, preparing for mediation; representation in mediation (opening statements, working with clients, negotiating, uncovering mutual interests, creativity in settlement)

Paperwork in Mediation – including mediation briefs, agreements to mediate, drafting settlement agreements.

Intended Knowledge Outcomes

By the end of the module the students will have acquired:

A critical understanding of different forms of mediation, especially in the commercial context and insight into the potential advantages and disadvantages of these different forms

A critical understanding of the recognised attributes of successful mediators

A critical understanding of the barriers to lawyer engagement in mediation as well as their reasons for engagement in the process

Insights into client barriers to mediation use

A full understanding of the place of mediation in the spectrum of commercial dispute resolution processes and insight into the value of the process for clients

Intended Skill Outcomes

By the end of the module, students shall be able to:

Demonstrate fundamental skills and techniques in mediation including delivering opening statements, caucusing, active listening, summarising, reality testing, supporting parties in problem solving and crafting agreements

Demonstrate fundamental skills and techniques in mediation advocacy including advising clients in relation to dispute resolution options, preparing clients for mediation, opening statements, working with clients, negotiation skills, creative problem-solving skills.

Draft mediation clauses, agreements to mediate and mediation settlement agreements.

Demonstrate an ability to act independently in planning and undertaking research and reflect meaningfully on his or her own learning, including seeking and making use of feedback.

Demonstrate an advanced level of skill in constructive criticism and analysis by presenting a sustained argument in a well-structured piece of work.

Produce electronically submitted coursework in appropriate form and style

Teaching Rationale And Relationship

The methods set out here are based on a combination of approaches. The bulk of the student directed hours are found in the non-synchronous interactive online materials based on faculty and simulation video, in which there shall be interactive learning activities, in-built formative feedback, short directed readings and reflective learning. These materials shall be bolstered by synchronous online seminars where specific topics shall be addressed in more detail after student reading designed to instil a deeper understanding in key areas. These seminars shall also help instil a sense of community and interaction between the students. Students shall also be encouraged to engage in online discussion board activity.

Assessment Rationale And Relationship

There is a mix of assessments used here. Formative assessment shall be built in the non-synchronous material as staged quizzes at the end of each substantial block. It is anticipated that there will be three of these throughout the module. The skills assessment shall allow for the evaluation of relevant skills in the mediation field against developed criteria – this may take the form of core mediation representation/advocacy activity or mediation activity. The reflective blog shall allow the students the opportunity to reflect on their own learning and approach to the subject, to reflect on their class experiences and reflect on the challenges they faced (relative for example, to subject areas, seminar participation, assessment completion, time management etc) and how these were overcome. The log shall also afford students the scope to draw linkages between this class and other classes as well as experiences outside of the classroom and impacts on proposed career pathways. The discussion board participation tariff is designed to encourage engagement from, and interaction between students in relevant class topics.

General Notes

N/A