LAW42090 Technology and Regulations

Academic Year 2022/2023

This Module builds upon the knowledge and skills acquired in Modules 42100 (Mediation Process and Skills) and Law 42100 (Dispute Resolution Skills), focusing on

- The Law and Practice of Commercial Mediation;
- The Law and Regulation of Mediation:
- Technology and Mediation: and
- Online Dispute Resolution.

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Curricular information is subject to change

Learning Outcomes:

Learning Outcomes

On successful completion of this Module, students should be able to :

1. Recognise and respond to the unique features of mediation in commercial disputes

2. Manage a commercial dispute from initiation through to resolution through mediation.

3. Identify different aspects of mediation law and compare different jurisdictions' regulatory frameworks.

4. Apply principles of mediation law to practice - mediation and legal practice

5. Weigh up the affordances and limitations of mediating online.

6. Develop a personal best practice guide for mediating online with reference to technology, and to the skills and competencies required.

7. Map the emerging field of online dispute resolution and how it intersects with existing dispute resolution processes and systems.

8. Design a system or framework for dispute prevention and resolution that incorporates relevant theory, best practice and technological solutions.

Indicative Module Content:

This Module focuses on :

- Commercial Mediation: Mediating Commercial Disputes; Recent Developments; Skills; Practice; Emotions; Process; Enforcement of Agreements; Triggers.

- The Law and Regulation of Mediation: Why Regulate?; The Law in Practice; Irish Mediation Law; International Mediation Law; Court Rules and Caselaw; Process Rules; The Mediation Act, 2017; Entry to Mediation; Regulating the Profession
- Technology and Mediation: The Pivot Online; Challenges; Case Study; Technology Skills; Law and Ethics; Skills and Strategies; Online Communication; Multiple Parties; Preparation; Technology Options.

- Online Dispute Resolution: What is ODR?; ODR and the Courts; The Future; Access to Justice; Governance; Systems Design; Online Arbitration; Platform Case Study; Processes and Platforms; Legislation

Learning Outcomes

On successful completion of this Module, students should be able to :

1. Recognise and respond to the unique features of mediation in commercial disputes

2. Manage a commercial dispute from initiation through to resolution through mediation.

3. Identify different aspects of mediation law and compare different jurisdictions' regulatory frameworks.

4. Apply principles of mediation law to practice - mediation and legal practice

5. Weigh up the affordances and limitations of mediating online.

6. Develop a personal best practice guide for mediating online with reference to technology, and to the skills and competencies required.

7. Map the emerging field of online dispute resolution and how it intersects with existing dispute resolution processes and systems.

8. Design a system or framework for dispute prevention and resolution that incorporates relevant theory, best practice and technological solutions.

Student Effort Hours: 
Student Effort Type Hours
Autonomous Student Learning

150

Lectures

48

Seminar (or Webinar)

2

Total

200

Approaches to Teaching and Learning:
The module is delivered in online learning units which students will engage with in their own time, and which include periodic self assessment exercises that enable students to plot and manage their progress. Online learning will be supplemented by a scheduled live session or sessions involving interaction and exercises with Faculty and fellow students. The module will be assessed via a 'capstone project' in which students research and write upon a practical application of the skills and knowledge acquired in the three modules which comprise the Diploma in International Dispute Resolution (Mediation) 
Requirements, Exclusions and Recommendations

Not applicable to this module.


Module Requisites and Incompatibles
Not applicable to this module.
 
Assessment Strategy  
Description Timing Open Book Exam Component Scale Must Pass Component % of Final Grade
Project: The Module is assessed by a Capstone Project in which students devise, research, and write upon a practical application of the skills and knowledge acquired in the Module and Programme. Varies over the Trimester n/a Graded No

100


Carry forward of passed components
Yes
 
Remediation Type Remediation Timing
Repeat Within Two Trimesters
Please see Student Jargon Buster for more information about remediation types and timing. 
Feedback Strategy/Strategies

• Feedback individually to students, on an activity or draft prior to summative assessment
• Peer review activities

How will my Feedback be Delivered?

Students will introduce their Capstone Projects at live session in advance of preparation and submission for discussion with Faculty and fellow students.

Name Role
Ms Sabine Walsh Lecturer / Co-Lecturer
Timetabling information is displayed only for guidance purposes, relates to the current Academic Year only and is subject to change.
 

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