LAWGENRL 721 : Mediation
Law
2022 Semester One (1223) (30 POINTS)
Course Prescription
Course Overview
This course covers the nature and process of mediation, its strategic advantages and disadvantages (including assessing suitability of a dispute for mediation), the jurisprudential debates about the proper role of mediation in the civil justice system, the legal framework of mediation (including the limits of confidentiality and privilege, enforcement of agreements to mediate and settlement agreements), practical skills in effective mediation advocacy (including conflict and communication theory, preparation for mediation and negotiation strategy), the legal and ethical controls on mediators and lawyers engaged in mediation, and selected aspects of mediation theory such as developments in online mediation and power dynamics in mediation. There will be in-class practical exercises as well as guest speakers from the mediation profession.
Capabilities Developed in this Course
| Capability 1: | Disciplinary Knowledge and Practice |
| Capability 2: | Critical Thinking |
| Capability 3: | Solution Seeking |
| Capability 4: | Communication and Engagement |
| Capability 5: | Independence and Integrity |
| Capability 6: | Social and Environmental Responsibilities |
Learning Outcomes
- Identify , understand and evaluate alternative dispute resolution systems and approaches, including understanding the proper role of private settlement processes in the civil justice system, and the role of lawyers. (Capability 1.1, 2.1, 2.2, 3.1, 3.2, 3.3, 6.2 and 6.3)
- Articulate and understand the core principles of and different approaches to negotiation in mediation; prepare effectively for a mediation (including using ATNA analysis); and understand and appropriately apply different negotiation strategies and tactics. Understand and apply theories of conflict and communication. (Capability 2.3, 3.2, 3.3, 4.1, 4.2 and 4.3)
- Articulate and understand the theory and practice of mediation and its phases; articulate and understand the legal framework for mediation; develop mediation advocacy skills; and be able to effectively assess the suitability of mediation for particular disputes. (Capability 1.1, 2.1, 3.1 and 6.3)
- Apply sound reflective, research and analysis techniques including through the reflective report and research essay, and through the analysis required for the in-class practical exercises. (Capability 1.1, 2.1, 2.3, 3.1, 3.2, 3.3, 4.1, 4.3, 5.1, 5.2, 6.2 and 6.3)
Assessments
| Assessment Type | Percentage | Classification |
|---|---|---|
| Mediation plan | 15% | Individual Coursework |
| Mediation reflective report | 15% | Individual Coursework |
| Class contribution | 15% | Individual Coursework |
| Research essay | 55% | Individual Coursework |
| 4 types | 100% |
| Assessment Type | Learning Outcome Addressed | |||||||||
|---|---|---|---|---|---|---|---|---|---|---|
| 1 | 2 | 3 | 4 | |||||||
| Mediation plan | ||||||||||
| Mediation reflective report | ||||||||||
| Class contribution | ||||||||||
| Research essay | ||||||||||
Workload Expectations
This is a 30 point LLM course taught over two modules of 2.5 days each. There will be around 40 hours of class time in this course. As a general guide, you should expect a workload of three hours outside of the classroom for each hour spent in class. The guideline for the total workload for this course is 150 hours.
Delivery Mode
Campus Experience
In-person attendance is required at this stage, although the University may reassess that if in-person teaching is not permitted at the time of the course. Lectures will not be available as recordings.
Learning Resources
Course materials are made available in a learning and collaboration tool called Canvas which also includes reading lists and lecture recordings (where available).
Please remember that the recording of any class on a personal device requires the permission of the instructor.
Student Feedback
At the end of every semester students will be invited to give feedback on the course and teaching through a tool called SET or Qualtrics. The lecturers and course co-ordinators will consider all feedback and respond with summaries and actions.
Your feedback helps teachers to improve the course and its delivery for future students.
Class Representatives in each class can take feedback to the department and faculty staff-student consultative committees.
Academic Integrity
The University of Auckland will not tolerate cheating, or assisting others to cheat, and views cheating in coursework as a serious academic offence. The work that a student submits for grading must be the student's own work, reflecting their learning. Where work from other sources is used, it must be properly acknowledged and referenced. This requirement also applies to sources on the internet. A student's assessed work may be reviewed against online source material using computerised detection mechanisms.
Class Representatives
Class representatives are students tasked with representing student issues to departments, faculties, and the wider university. If you have a complaint about this course, please contact your class rep who will know how to raise it in the right channels. See your departmental noticeboard for contact details for your class reps.
Inclusive Learning
All students are asked to discuss any impairment related requirements privately, face to face and/or in written form with the course director, lecturer or tutor.
Student Disability Services also provides support for students with a wide range of impairments, both visible and invisible, to succeed and excel at the University. For more information and contact details, please visit the Student Disability Services’ website http://disability.auckland.ac.nz
Special Circumstances
If your ability to complete assessed coursework is affected by illness or other personal circumstances outside of your control, contact a Student Academic and Support Adviser as soon as possible before the assessment is due.
If your personal circumstances significantly affect your performance, or preparation, for an exam or eligible written test, refer to the University’s aegrotat or compassionate consideration page https://www.auckland.ac.nz/en/students/academic-information/exams-and-final-results/during-exams/aegrotat-and-compassionate-consideration.html.
This should be done as soon as possible and no later than seven days after the affected test or exam date.
Learning Continuity
In the event of an unexpected disruption, we undertake to maintain the continuity and standard of teaching and learning in all your courses throughout the year. If there are unexpected disruptions the University has contingency plans to ensure that access to your course continues and course assessment continues to meet the principles of the University’s assessment policy. Some adjustments may need to be made in emergencies. You will be kept fully informed by your course co-ordinator/director, and if disruption occurs you should refer to the university website for information about how to proceed.
Student Charter and Responsibilities
The Student Charter assumes and acknowledges that students are active participants in the learning process and that they have responsibilities to the institution and the international community of scholars. The University expects that students will act at all times in a way that demonstrates respect for the rights of other students and staff so that the learning environment is both safe and productive. For further information visit Student Charter https://www.auckland.ac.nz/en/students/forms-policies-and-guidelines/student-policies-and-guidelines/student-charter.html.
Disclaimer
Elements of this outline may be subject to change. The latest information about the course will be available for enrolled students in Canvas.
In this course students may be asked to submit coursework assessments digitally. The University reserves the right to conduct scheduled tests and examinations for this course online or through the use of computers or other electronic devices. Where tests or examinations are conducted online remote invigilation arrangements may be used. In exceptional circumstances changes to elements of this course may be necessary at short notice. Students enrolled in this course will be informed of any such changes and the reasons for them, as soon as possible, through Canvas.