Skip to main content

Module

LAW8332 : Mediation Practice & Skills

  • Offered for Year: 2023/24
  • Module Leader(s): Professor Bryan Clark
  • Owning School: Newcastle Law School
  • Teaching Location: Off Campus
Semesters

Your programme is made up of credits, the total differs on programme to programme.

Semester 1 Credit Value: 20
ECTS Credits: 10.0
European Credit Transfer System

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.

Teaching Methods

Teaching Activities
Category Activity Number Length Student Hours Comment
Structured Guided LearningLecture materials122:0024:00Integrated online material to be taken on a non-synchronous basis
Guided Independent StudyAssessment preparation and completion165:0065:00N/A
Scheduled Learning And Teaching ActivitiesLecture12:002:00Synchronous Introductory session
Scheduled Learning And Teaching ActivitiesLecture12:002:00Synchronous revision session
Scheduled Learning And Teaching ActivitiesSmall group teaching22:004:00Synchronous small group seminars
Scheduled Learning And Teaching ActivitiesDrop-in/surgery41:004:00There will be weekly drop-in sessions each one covering all classes taken by the students.
Guided Independent StudyIndependent study199:0099:00N/A
Total200:00
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 Methods

The format of resits will be determined by the Board of Examiners

Other Assessment
Description Semester When Set Percentage Comment
Reflective log1M351,000 words
Prof skill assessmnt1M60Students shall be assessed in the demonstration of a relevant skill
Prob solv exercises1M5Discussion board participation
Formative Assessments

Formative Assessment is an assessment which develops your skills in being assessed, allows for you to receive feedback, and prepares you for being assessed. However, it does not count to your final mark.

Description Semester When Set Comment
Prob solv exercises1MEnd of block quizzes
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.

Reading Lists

Timetable