Aims

This class is concerned with the resolution of commercial and other civil disputes especially through the means of mediation. Students will be introduced to the process of mediation, the role of the mediator and learn some key skills required in the resolution of disputes by this method.

The class shall also examine the interaction between mediation and the law and legal process, in particular looking at such issues as confidentiality, incentives to mediate, adversarialism and civil justice and the role of judges and lawyers within the process. The class considers recent reviews of civil justice for their impact on mediation, the influence that mediation and settlement have held for civil justice as well as critiques of mediation’s ‘institutionalisation’ from the UK and abroad. This module also examines the development of a mediation profession and explores issues such as training, continuous professional development, accreditation and regulation. The class explores the development of mediation law in areas such as confidentiality & privilege, ADR clauses and enforcing mediation settlements in the domestic and international settings. The role of the lawyer in mediation from the perspective of dispute forum selector and acting as a party advocate and negotiator in the process is also explored. The class also entails some essential coverage of UK domestic and international arbitration as well as online dispute resolution developments.

Outline Of Syllabus

Conflict resolution, disputes and the role of lawyers.

Introduction to modern Mediation – history, development and main facets of the process including neutrality and impartiality, party self-determination and the issue of informed consent in mediation

Mediation skills, different styles and key techniques

Civil Justice – the nature and importance of civil justice; main features of formal justice processes, trends in civil justice reviews, critiques

Mediation and formal civil justice : the role of the court in expanding growth in the UK and other common law and civil law jurisdictions

Lawyers’ relationship with Mediation – resistance, capture and appropriateness

Lawyer advocacy – the role of lawyers in mediation - the new ‘advocacy’ and non-adversarial behaviour

Mediation and the Law – regulation, confidentiality in mediation, ADR clauses, enforcing mediated outcomes in the UK and across borders.

UK domestic and international commercial arbitration

Technology and online dispute resolution

Teaching Rationale And Relationship

The principal method of teaching shall be lectures with 18 held over the course of the semester. Some of the lectures are likely to be more interactive than is standard with student led group work undertaken (where class size and facilities permit). The purpose of lectures is to provide students with a solid grounding in specific, relevant concepts, rules and ideas. The purpose of seminars is to allow students to test and deepen their understanding of particular concepts and ideas and develop their analytical and cognitive skills in the context of the close analysis of specific issues and texts. They also offer an opportunity for detailed discussion of issues covered in the lectures, and for developing and practicing essential legal skills of source synthesis and evidence- and research-based argument, as well as for giving feedback on student progress. In some seminars students will be required to prepare and deliver practical exercises including role plays. Drop-ins’ shall allow the LLM students to raise any issues relative to course material they have an engage in deeper discussion of relevant issues with academic staff.

Put together, the teaching methods include an active, integrated approach to the study of law and develop critical thinking and allow for the development of new skills.


Independent study on this module will include directed reading in advance of lectures, consolidation following lectures, and preparation for seminars. Students in seminars will be expected to critically engage with material in a manner consonant with LLM study.

The class students shall also be offered additional (voluntary) practical training in mediation and mediation activity and encouraged to become involved in the student mediation society that runs competitions and events.

Assessment Rationale And Relationship

The class shall be assessed by a combination of different techniques. The exam shall be used to test the breadth of knowledge of students across the different course topics and their ability to engage critically across a range of themes.