LAW42100 Mediation Processes & Skills

Academic Year 2023/2024

This module focuses on:

- The Fundamentals of Negotiation;
- Mediation Practice and Skills;
- Dispute Resolution Lawyering; and

Students will learn and practice the knowledge and skills involved in managing a mediation as a party or party representative, and will gain insights into the skills of the mediator.

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Curricular information is subject to change

Learning Outcomes:

On successful completion of this Module, students should be able to :
1. Describe different negotiation theories and models and how they work to resolve disputes

2. Demonstrate negotiation skills in a variety of dispute contexts.

3. Recommend the appropriate mediation process model for different disputes and implement all aspects of the process

4. Demonstrate competence in a range of mediation skills and strategies

5. Demonstrate advanced negotiation skills and knowledge in a variety of different contexts.

6. Apply negotiation theories and strategy in the context of mediation

7. Differentiate between practice as a dispute resolution lawyer and other aspects of legal practice.

8. Evaluate the appropriateness and value of different strategies and skills in supporting the dispute resolution process.

Indicative Module Content:

THE FUNDAMENTALS OF NEGOTIATION
- The Fundamentals of Negotiation
- Famous Negotiations
- Negotiation in Legal Practice
- Negotiation Theory/Theories
- Suitability and Styles
- Preparing for Negotiation
- Getting Started
- Dialogue
- Strategies
- Success

MEDIATION PRACTICE AND SKILLS
- The Mediation Process
- Mediation Documentation
- Preparing for Mediation
- Opening the Mediation
- Stages of Mediation
- Session Types
- Communication in Mediation
- Skills and Strategies
- Overcoming Obstacles
- Concluding Mediation

DISPUTE RESOLUTION LAWYERING
- Lawyers as gatekeepers
- Preparation
- Getting Started
- Teamwork
- Dealing with Difficult Clients
- Lawyering Skills
- Process Management
- Ethical Practice
- Drafting Agreements
- Wrapping Up

Student Effort Hours: 
Student Effort Type Hours
Lectures

0
Total

0
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 live online mediation roleplay exercise, in which students will act as advocates for a client in a moot mediation, and participate in an interview following the roleplay in which they will demonstrate their competence in mediation advocacy. 
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
Practical Examination: Assessment is via an online role-play mediation and interview in which students will demonstrate their knowledge and skills and competence as advocates representing a client in a mediation. Varies over the Trimester n/a Graded No

100

Carry forward of passed components
Yes
 
Remediation Type Remediation Timing
In-Module Resit Prior to relevant Programme Exam Board
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
• Feedback individually to students, post-assessment
• Peer review activities
• Self-assessment activities

How will my Feedback be Delivered?

Students will receive feedback via automated self assessment activities during study; and live during online live-sessions in exercises involving 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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