Aims

The aims of this class are to explore the application of legal and regulatory frameworks to mediation. With a principal focus on English law, the class shall also involve comparative analysis, examining cognate approaches in a range of other jurisdictions as well as discussion of the application of international legal and regulatory frameworks in the context of civil and commercial mediation including the application of the Singapore Convention in Mediation 2019. Students shall be expected to engage critically with these issues including the balancing of relevant policy considerations in different legal approaches.

Particular issues to be covered in this class include the issue of regulation of commercial mediation practice including different approaches including hard law, self-regulation or co-regulatory models pertaining to training and qualifications of mediators, expected professional conduct and potential liability. The class shall also examine the application of law to key process elements including confidentiality, enforcement of outcomes, mediation clauses in contracts. Potential liability of mediators and lawyers acting within mediation processes and the wider issue of the interaction between mediation, courts and formal civil justice systems shall also be examined.

Outline Of Syllabus

The regulation of mediation and mediators including an analysis of legal, self-regulatory and co-regulatory approaches and attempts to produce international standards in the field

The English law, and that found in other jurisdictions, governing different aspects of the mediation process including confidentiality, enforcement of outcome, the issue of compulsion in mediation and enforcement of mediation clauses, potential liability of mediators and lawyers acting within the mediation process

International and supra-national developments including the EU Directive on Mediation 2008, the Singapore Convention 2019 and attempts to standardise mediation practice globally through bodies such as the International Mediation Institute.

The interaction between formal civil justice systems and mediation including court encouragement, judicial mediation and compulsory mediation.

Teaching Rationale And Relationship

The methods set out here are based on a combination of approaches. The bulk of the student directed hours are found in the non-synchronous interactive online materials based on faculty and simulation video, in which there shall be interactive learning activities, in-built formative feedback, short directed readings and reflective learning. These materials shall be bolstered by synchronous online seminars where specific topics shall be addressed in more detail after student reading designed to instil a deeper understanding in key areas. These seminars shall also help instil a sense of community and interaction between the students. Students shall also be encouraged to engage in online discussion board activity.

Assessment Rationale And Relationship

This class is assessed by a range of different methods. Students shall be awarded 5% on the basis of meeting a designated standard in discussion board engagement. This is to encourage engagement with studies and interaction between the students on an ongoing basis. Students shall be assessed through high level, contextualised multiple choice delivered through the non-synchronous online materials. The main assessment aspect for this module shall be a 3000 word research paper which will see to evaluate the students’ abilities to engage critical with a key theme or issue covered in this class. Students shall choose from a number of essay options.