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Module

LAW8333 : Mediation Theory

  • Offered for Year: 2024/25
  • 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 2 Credit Value: 20
ECTS Credits: 10.0
European Credit Transfer System

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

Teaching Methods

Teaching Activities
Category Activity Number Length Student Hours Comment
Scheduled Learning And Teaching ActivitiesLecture12:002:00Synchronous Introductory session
Structured Guided LearningLecture materials122:0024:00N/A
Guided Independent StudyAssessment preparation and completion165:0065:00N/A
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
Prob solv exercises2M5Discussion forum
Written exercise2M25Blog post - 1,000 words
Research paper2M703,000 words
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.

Reading Lists

Timetable