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Curricular information is subject to change
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.
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 Type | Hours |
|---|---|
| Lectures | 48 |
| Seminar (or Webinar) | 2 |
| Autonomous Student Learning | 150 |
| Total | 200 |
Not applicable to this module.
| Description | Timing | Component Scale | % 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 |
| Remediation Type | Remediation Timing |
|---|---|
| Repeat | Within Two Trimesters |
• Feedback individually to students, on an activity or draft prior to summative assessment
• Peer review activities
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 |