| CODE | MCT5012 | ||||||||
| TITLE | The Law of Mediation | ||||||||
| UM LEVEL | 05 - Postgraduate Modular Diploma or Degree Course | ||||||||
| MQF LEVEL | 7 | ||||||||
| ECTS CREDITS | 5 | ||||||||
| DEPARTMENT | Media, Communications & Technology Law | ||||||||
| DESCRIPTION | The topics covered will be a definition of mediation, myths of mediation, components of mediation, the use of language in mediation and basic mediation terms, moving from positions to interests,different styles of mediation, advantages of mediation,pitfalls of mediation, why mediation works, values, areas of practice, indications and contra-indications for mediation, the characteristics of an effective mediator, framework for effective mediation. Throughout the study-unit, reference will be made to different areas of application of mediation and styles and how the nature of mediation varies from one area to another. Case-studies and discussion will also form an integral part of this study-unit. Reference will also be made to the Maltese, European and American scenario, with an invitation to a comparative and critical analysis. Study-unit Aims: This unit aims to provide students with a thorough understanding of the nature of mediation as opposed to other dispute resolution systems. In this way, students will analyse the role of mediator and his/her common characteristics across different areas of practice. Another aim is to analyse the basic components of mediation. Learning Outcomes: 1. Knowledge & Understanding By the end of the study-unit the student will be able to: (a) describe in detail the nature of mediation, list its components and compare it to other forms of dispute resolution; (b) explain concretely why mediation works; (c) illustrate what makes an effective mediator; (d) list indications and contra-indications to mediation; (e) explain in writing what basic terms of mediation mean. 2. Skills By the end of the study-unit the student will be able to: (a) identify basic behaviour associated with mediation; (b) identify various mediation styles; (c) follow mediation literature by familiarity with terms used; (d) develop an insight into the effectiveness of mediation practice and have a foundation for the learning of mediation skills in the future. Main Text/s and any supplementary readings: Main Text: - 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. • Amendments to COCP Chapter 12 LN 397.2003 • Mediation Act Chapter 474 • Directive 2008/52/EC Supplementary Readings: - Kolb Deborah M and Associates: When Talk works. (Joss-Bass Publishers 2001). - Dingwall Robert: Lessons from Brief Therapy? Some Interactional Suggestions for Family Mediators-Conflict Resolution Quarterly-Volume 19, Spring 2002. - Wade John: Don't waste My time on Negotiation and Mediation; This dispute needs a judge; Mediation Quarterly: Spring 2001. - Cohen Orna, Dattner Naomi, Luxenburg Ahron, The limits of the Mediator's Neutrality. Mediation Quarterly; Summer 1999. - UNESCO: Advanced Mediation skills Course Book, 2003. - Sarah Cobb, A Narrative Perspective on Mediation in Folger J and Jones T, "New Directions in Mediation - Communication Research and Perspectives", Sage Publications, 1994. - Edward Kruk (ed.), "Mediation and Conflict Resolution in Social Work and the Human Services, Nelson Hall, 1997. - Howard Irving and Robert Benjamin, "Family Mediation - Contemporary Issues", Sage Publications, 1995.J. Pearson and N. Thoennes, Divorce Mediation Research Results. - M.T. Shattuck, Mandatory Mediation in J. Folberg and A. Milne (eds.), "Divorce Mediation - Theory and Practice, Guilford Press, New York, 1088, pp. 429-452. - American Bar Association "Final Report - Task Force on Improving Mediation Quality, 2008. |
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| STUDY-UNIT TYPE | Lecture | ||||||||
| METHOD OF ASSESSMENT |
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| LECTURER/S | Mario Caruana |
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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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