Module Content

• The theory and practice of mediation and conflict in the context of international commercial mediation.
• An analytical comparison of the use of mediation at national (e.g. United Kingdom, Mauritius, USA), regionally (e.g. European Union, African Union), transnationally and internationally.
• Key mediation skills:
  o The role of the mediator.
  o Dealing with caucus and conference sessions.
  o Ethics and practice of mediation through role-plays.
  o Interviewing and negotiation by way of practical experience of mediation from a client/lawyer perspective through role-plays.

Teaching Methods

A student’s ability to demonstrate the techniques applicable to the mediation process will be assessed by their oral performance in a practical assessment accompanied by a written portfolio for professional accreditation purposes only. A student’s ability to facilitate a workable agreement between the parties will be assessed by way of a written exam involving the drafting of an agreement between parties.

Students will be directed to pre-workshop preparation which will involve extensive research and reading, to consider and critically analyse topics set in advance, and specific questions arising out of those topics. Students will be expected to prepare answers to those issues, to be presented to and discussed with the workshop tutor and group. In addition to skills of analysis and research, students will be expected to develop and apply skills of analytical discussion, oral expression and writing. To enhance learning, students will also engage with other students and staff in activities to consider and critically analyse particular sources and engage in discussion leading to the development of these skills.

Students will learn by way of interactive workshops and independent research and will practice and develop the relevant skills and attributes by way of role-plays in a supportive environment.

The workshops will be delivered on campus in a teaching block. A comprehensive virtual learning environment platform will provide supplementary materials for supporting learning, assessment and feedback and be the vehicle for the interactive workbooks.
The portfolio will reflect on the progression that students have made in either real-life situations/experiences, or in relation to the role plays considered in workshops. The reflection will be informed by a critical analysis of the theory of mediation and the professional ethic elements.
The practical skill will comprise a role-play mediation, demonstrating the skills of a mediator.

Assessment Methods

This module is assessed through one Written Exam and one Practical Skills Assessment.