Module Catalogue 2024/25

Pre Requisite Comment

N/A

Co Requisite Comment

N/A

Aims

The aims of this class relate to the theoretical underpinnings of mediation. The class shall examine mediation models and styles including facilitative, evaluative and transformative approaches, the role and influence of culture within mediation processes, the interaction between mediation and different forms of justice including procedural and substantive norms, ethical concerns in mediation, fundamental values in mediation such as confidentiality, voluntariness, neutrality and party empowerment, the value and limitations of mediation. and theoretical issues relevant to mediation in the commercial context.

Outline Of Syllabus

Fundamental models of mediation including facilitative, evaluative and transformative models as well as elicitive versus directive approaches.

The role of culture in mediation including a discussion of different disputing cultures including those arising within geographical areas, communities of practice and professions; the cultural fit of modern ‘western’ mediation with other parts of the world.

Mediation and ‘justice’. Issues of fairness and justice in mediation and the consonance of different models of the mediation process with formal legal justice, procedural justice norms and subjective notions of justice

Mediation ethical frameworks

Critical appraisal of core values of mediation including confidentiality, voluntariness, neutrality, party empowerment and self determination

Considerations around questions of suitability for mediation (of the dispute, the parties etc) and the limit of mediation as a dispute resolution process

Particular theoretical issues relevant to commercial mediation

Intended Knowledge Outcomes

By the end of this module, students will be able to demonstrate:

A critical understanding of the core aspects and benefits and drawbacks of different models of mediation including facilitative, evaluative and transformative approaches

A critical understanding of the role of culture in mediation and appreciation of the impact of cultural differences within negotiations and the cultural fit of the western models of mediation with jurisdictions across the globe

A critical understanding of the interaction between mediation and notions of fairness and justice, including formal justice norms, disputants’ subjective ideas of justice as well as procedural justice norms.

A critical understanding of ethical frameworks pertaining to mediation and mediation advocacy including compatibility with lawyers’ traditional role as zealous advocate

A critical understanding of core mediation values including confidentiality, voluntariness, neutrality and party empowerment

Intended Skill Outcomes

By the end of this module, students should be able to:

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.

Demonstrate self reflection in terms of their theoretical study and be aware of how their theoretical learning may impact practice in the field.

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

This class is assessed by a range of different methods. Students shall be awarded 5% on the basis of meeting a designated standard in discussion board engagement. This is to encourage engagement with studies and interaction between the students on an ongoing basis. Students shall be required to write a blog post on a topical issue of mediation theory with an implication for practice. The main assessment aspect for this module shall be a 3000 word research paper which will see to evaluate the students’ abilities to engage critical with a key theme or issue covered in this class. Students shall choose from a number of essay options.

General Notes

N/A