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DRPS : Course Catalogue : School of Law : Law

Postgraduate Course: Mediation (Practical Elective) (LAWS11438)

Course Outline
SchoolSchool of Law CollegeCollege of Arts, Humanities and Social Sciences
Credit level (Normal year taken)SCQF Level 11 (Postgraduate) AvailabilityNot available to visiting students
SCQF Credits5 ECTS Credits2.5
SummaryThis course introduces students to mediation and provides practical training in mediation advocacy.
Mediation is a multi-disciplinary activity and the course will supplement legal knowledge and skills with insights from the fields of psychology, negotiation and conflict studies. Starting with conflict theory and communication practice, students learn about the stages of mediation and its place within the hierarchy of dispute resolution methods. Using hands-on, skills-based teaching, realistic case-studies enable students to experience the range of roles within mediation: mediator, client and legal advisor. The latter part of the course focuses on mediation advocacy: appointing a mediator, preparing clients and effectively representing them on the day.
Course description The objective of the course is to enhance your legal skills and knowledge in this area of the law. It also aims to enhance and consolidate your knowledge, understanding and personal reflection on the Law Society of Scotland's PEAT 1 Mandatory and Core Outcomes, which you have already experienced and shall continue to experience on the Diploma core courses.

On successful completion of this course, you should be able to:
- Demonstrate a critical understanding of mediation and its place in the hierarchy of dispute resolution models;
- Demonstrate a critical understanding of the role of the legal adviser in mediation;
- Critically evaluate their own and fellow students' mediation approaches; and
- Effectively reflect on ethical and moral issues in mediation
- Demonstrate a critical understanding of the issues of confidentiality and privilege in mediation
Entry Requirements (not applicable to Visiting Students)
Pre-requisites Co-requisites
Prohibited Combinations Other requirements None
Course Delivery Information
Academic year 2023/24, Not available to visiting students (SS1) Quota:  None
Course Start Block 4 (Sem 2)
Timetable Timetable
Learning and Teaching activities (Further Info) Total Hours: 50 ( Seminar/Tutorial Hours 21, Summative Assessment Hours 1, Other Study Hours 8, Programme Level Learning and Teaching Hours 1, Directed Learning and Independent Learning Hours 19 )
Additional Information (Learning and Teaching) On average, students are expected to spend four hours a week completing independent study activities
Assessment (Further Info) Written Exam 0 %, Coursework 100 %, Practical Exam 0 %
Additional Information (Assessment) The Mediation elective is assessed by continuous assessment. Students will receive a percentage mark for the whole course. 30% of this will be based on class performance, and 70% of this will be based on a combination of two assessed written exercises and one assessed oral exercise.
Feedback Feedback is provided to student in various forms. Students will receive verbal feedback from tutors on in-class presentations, general comments on class assignments when these are handed back in class and, in general, on class performance, mainly looking at the class as a whole. Students also receive specific written feedback on assignments, where necessary.
No Exam Information
Learning Outcomes
On completion of this course, the student will be able to:
  1. Demonstrate a critical understanding of mediation and its place in the hierarchy of dispute resolution models.
  2. Demonstrate a critical understanding of the role of the legal adviser in mediation.
  3. Critically evaluate their own and fellow students' mediation approaches.
  4. Effectively reflect on ethical and moral issues in mediation.
  5. Demonstrate a critical understanding of the issues of confidentiality and privilege in mediation
Reading List
*available in Course Materials on Mediation Elective course Learn page
*Kimberley Kovach (2005) 'Mediation' in Michael L Moffitt and Robert C Bordone
(2005) (Eds) The Handbook of Dispute Resolution. San Francisco: Jossey-Bass
*Jennifer E Beer and Caroline C Packard (2012) The Mediator's Handbook (4th Edition) Gabriola Island, BC: New Society Publishers
*Roger Fisher, William Ury & Bruce Patton (1991) Getting to Yes: Negotiating Agreements without Giving In London: Random House Business Books
*Andrew Goodman (2017) Effective Mediation Advocacy - Student Edition London: Nova Law and Finance (this is a useful text in relation to practice but please bear in mind that it describes the law in England and Wales)

Other useful reading
Bryan Clark (2012) Lawyers and Mediation. Berlin: Springer - available as an e-book - link on Mediation elective course webpage
*William W Wilmot and Joyce L Hocker (2011) Interpersonal Conflict (8th Edition). New York: McGraw-Hill
*Kerry Patterson, Joseph Grenny, Ron McMillan and Al Switzler (2012) Crucial Conversations: Tools for Talking When Stakes are High. New York: McGraw-Hill. Chapter 6 "Master My Stories: How to stay in dialogue when you┬┐re angry, scared or hurt"
*Marjorie Mantle (2011) Mediation: A Practical Guide for Lawyers. Dundee: Dundee University Press
Margaret Ross and Douglas Bain (2010) Report on Evaluation of In Court Mediation Schemes in Glasgow and Aberdeen Sheriff Courts Scottish Government, Social Research Available from especially Chapter 5, pp.46-58
*Simon Roberts and Michael Palmer (2005) Dispute Processes: ADR and the Primary Form of Decision-Making. Cambridge: Cambridge University Press
R A Baruch Bush and Joseph Folger (2005) The Promise of Mediation: the Transformative Approach to Conflict. San Francisco: Jossey-Bass
Kenneth Cloke (2001) Mediating Dangerously: The Frontiers of Conflict Resolution : Jossey-Bass
Additional Information
Graduate Attributes and Skills All elective courses on the Diploma require students to develop the following skills

Skills and abilities in Research and Enquiry
- problem solving
- analytical thinking
- critical thinking
- independent research
- the ability to handle complexity and ambiguity

Skills and abilities in Personal and Intellectual Autonomy
- ethics and social responsibility
- self-awareness and reflection
- independent learning and development
- creativity and inventive thinking
- decision making

Skills and abilities in Communication
- interpersonal skills
- verbal communication and presentation
- written communication
- influencing and negotiation skills

Skills and abilities in Personal Effectiveness
- planning, organising and time management
- commercial / professional / situational awareness
- team working
- assertiveness and confidence
- flexibility
Additional Class Delivery Information Seven lectures, each lasting 1 hour.
Seven workshops, each lasting 2 hours.

Total of 21 contact hours.
KeywordsDiploma,Practical Elective,Mediation
Course organiserMs Laura McBrien
Course secretaryMs Margaret Stewart
Tel: (0131 6)50 2004
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