| CODE | MCT5007 | ||||||
| TITLE | Main Principles of Arbitration and Mediation Law | ||||||
| UM LEVEL | 05 - Postgraduate Modular Diploma or Degree Course | ||||||
| MQF LEVEL | Not Applicable | ||||||
| ECTS CREDITS | 5 | ||||||
| DEPARTMENT | Media, Communications & Technology Law | ||||||
| DESCRIPTION | This study-unit studies arbitration and mediation procedures. In arbitration, the study-unit focuses on the Arbitration Act and the subsidiary laws made thereunder whilst in the case of mediation the study-unit focuses on the various laws extant in Malta which regulate mediation such as the Mediation Act, the law regulating mediators in the Civil Court, Family Section, mediators appointed under the Environment and Development Planning Act, and mediators appointed in terms of employment legislation. Students will be taught the laws and case law relevant to the subject of this study-unit. Study-Unit Aims: The aim of this study-unit is to expose students to the legal provisions, pertinent case law and doctrine regulating arbitration and mediation, including the procedure to be followed before arbitral tribunals and mediators. Learning Outcomes: 1. Knowledge & Understanding: By the end of the study-unit the student will be able to: (a) describe the applicable rules of arbitration and mediation; (b) describe the procedure before a mediator; (c) describe and restate the links and differences between judicial proceedings on the one hand and arbitration and mediation on the other. 2. Skills: By the end of the study-unit the student will be able to: (a) apply in practice the law regulating arbitration and mediation and the procedure regulating both alternative dispute resolution institutes; (b) conduct arbitration and mediation sittings; (c) interpret the salient case law on arbitration and mediation procedure. Main texts and supplementary readings: Arbitration Act. Mediation Act. Code of Organization and Civil Procedure. Max Ganado, Introduction to Maltese Domestic Arbitration Law, June 2002. Max Ganado, The Malta Arbitration Act (Handbook), Malta Arbitration Centre. Benjamin R.: The Constructive Use of Deception:Skills, Strategies and Techniques of the Fokloristic Trickster Figure and their Application by Mediators- Mediation Quarterly : Fall 1995. Benjamin R.: Negotiation and Evil:Mediation Quarterly : Spring 1998. Benjamin R.: Advanced Issues in Mediation Practice, October 2004. Kolb Deborah M and Associates:When Talk works. (Joss-Bass Publishers 2001). |
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| STUDY-UNIT TYPE | Lecture | ||||||
| METHOD OF ASSESSMENT |
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| LECTURER/S | Kevin Aquilina (Co-ord.) William Azzopardi Antoine Cremona Fiona Farrugia Oscar Grech |
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The University makes every effort to ensure that the published Courses Plans, Programmes of Study and Study-Unit information are complete and up-to-date at the time of publication. The University reserves the right to make changes in case errors are detected after publication.
The availability of optional units may be subject to timetabling constraints. Units not attracting a sufficient number of registrations may be withdrawn without notice. It should be noted that all the information in the description above applies to study-units available during the academic year 2023/4. It may be subject to change in subsequent years. |
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