JJUA55205U Mediation in Legal Contexts

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.