JJUA55205U  Mediation in Legal Contexts

Volume 2017/2018
Content

The main purpose of the course is to provide students with a theoretical and practical understanding of mediation in legal contexts and see mediation’s relationship to other dispute mechanisms as well as its societal role. The course builds on the students’ basic knowledge of legal analysis, legal institutions and jurisprudence.

In the course we will present different paradigms of conflict and the underlying ideas of mediation, where a neutral third party, the mediator, assists the parties to a (legal) dispute in reaching their own solution to the matter through a structured process. We will examine this process step by step and in doing so look at the initial contact with the parties, the mediation meeting itself with the opening, storytelling, generation of ideas and negotiation of an agreement, and the post mediation acitvities. We will also discuss the legal challenges that are encountered in the process. Communication and dialogue are central in mediation and will be part of the course. Different types of mediation will also be identified and discussed. In addition, we will map out the legal dispute resolution landscape and compare mediation to other mechanisms of dispute resolution such as negotiation, arbitration and adjudication. Mediation is practiced in many legal areas such as civil disputes, criminal matters and family matters, and during the course a number of these will be presented and analysed. The point of departure of the course will be mediation in a Danish setting, but the course will include an international perspective, especially mediation in the EU. The course will also explore a variety of issues relevant for mediation such as confidentiality, power, justice, ethics, privatization of justice, restorative justice, neutrality and the role attorneys in mediation. These themes will be seen in relation to other legal dispute resolution mechanisms as well in order to understand their individual characteristics, advantages and drawbacks.
During class theory will be put into perspective through exercises that provide students with a more solid insight into mediation and the role of the mediator. Also, student will apply theory in analysis of legal disputes.

Learning Outcome

Knowledge: - Thorough knowledge of mediation as a dispute resolution mechanism - Knowledge of the mediation process step by step - Knowledge of mediation in different legal contexts - An understanding of different approaches to legal conflict resolution - Knowledge of mediation in an EU context - Knowledge of critical issues such as power and justice and how they relate to mediation and other dispute resolution mechanisms. Skills: - Analyze pros and cons of mediation in a specific dispute and make recommendations on procedure - Make decisions regarding type of mediation - Reflect on own strengths and weaknesses as third party to a conflict - Reflect on own professional roles in conflict - Basic communication and mediation skills - Add other perspectives than jurisprudence to conflict situations such as justice, power, ethics etc. Competences: - Advise clients and organizations on mediation - Analyze complex disputes - Make recommendations on dispute resolution approaches - Represent parties in mediation - Communicate constructively in legal disputes - Critically reflect on the role of mediation and other dispute resolution mechanisms in law

Vibeke Vindeløv, Reflexive Mediation, DJØF 2012.

Collection of additional literature

Required reading approximately 500 pages.

The course requires English skills at a reading and speaking level. The course also requires skills in analysis and critical thinking.
Problembased roleplays and exercises, discussions in groups, discussions in plenum, student presentations, interactive presentations by the teacher and individual reflection on aspects of mediation.
This course is related to Konfliktmægling (mediation) 15 ECTS and Legal Negotiation in Theory and Practice 7,5 ECTS. It can be taken in combination with Legal Negotiation in Theory and Practie whereas this course and Konfliktmægling (mediation) are mutually exclusive.
Oral
Collective
Continuous feedback during the course of the semester
Peer feedback (Students give each other feedback)

This course has multiple sourses of feedback. There will be peerfeedback following discussions and exercises in class. In addition, the teacher will provide oral feedback to the class in general following excercises and discussions and feedback on student presentations.

Credit
7,5 ECTS
Type of assessment
Written examination, 1 day
Assigned individual written assignment, 1 day
The exam combines theory with practical understanding obtained though role-plays during the course.
Marking scale
7-point grading scale
Censorship form
No external censorship
Exam period

Spring: TBA

Re-exam

Please see the 'Academic calendar' on KUnet.

  • Category
  • Hours
  • Seminar
  • 28
  • Preparation
  • 178,25
  • Total
  • 206,25