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.
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.
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.
- 7,5 ECTS
- Type of assessment
- Written assignment, 1 dayAssigned 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
March 19-20, 2020
August 3-4, 2020