LEGAL449-18T (HAM)

Mediation: Law, Principles and Practice

15 Points

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Faculty of Law
Te Piringa
Faculty of Law Dean's Office

Staff

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Convenor(s)

Les Arthur

Les Arthur
6021
N.4.21
To be advised
les.arthur@waikato.ac.nz

Lecturer(s)

Brendan Cullen

Brendan Cullen
To be advised
brendan.cullen@mccawlewis.co.nz

Sue Wardill

Sue Wardill
6496
LAW.G.11
To be advised
sue.wardill@waikato.ac.nz

Administrator(s)

Placement Coordinator(s)

Tutor(s)

Student Representative(s)

Lab Technician(s)

Librarian(s)

: em.pooley@waikato.ac.nz
: kay.young@waikato.ac.nz

You can contact staff by:

  • Calling +64 7 838 4466 select option 1, then enter the extension.
  • Extensions starting with 4, 5 or 9 can also be direct dialled:
    • For extensions starting with 4: dial +64 7 838 extension.
    • For extensions starting with 5: dial +64 7 858 extension.
    • For extensions starting with 9: dial +64 7 837 extension.
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Paper Description

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This paper will offer students an opportunity to understand mediation at an advanced level. The paper will examine key statutory and non­statutory competencies of the mediator, potential liability of the mediator, and expected mediation practice in relation to parties. The paper will involve practical training and skill development. The paper will also consider the relationship between mediation and civil justice reform.
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Paper Structure

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This is a Summer School paper. The teaching component comprises 24 hours. The teaching is concentrated in the first 3 weeks of the paper
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Learning Outcomes

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Students who successfully complete the course should be able to:

  • To
    • Evaluate and independently develop and articulate a coherent critique of core theoretical topics in mediation.
    • Understand the nature of disputes and the principal methods of resolving disputes.
    • Understand the advantages and disadvantages of mediation as a method of alternative dispute resolution.
    • Understand the relationship between mediation and the legal system.
    • Understand the legal and ethical aspects of mediation.
    • Use mediation skills to resolve disputes based on simulations and case studies
    • Understand developments in online Dispute Resolution
    Linked to the following assessments:
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Assessment

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IMPORTANT NOTE: IT IS A COMPULSORY REQUIREMENT OF THE PAPER THAT STUDENTS PARTICIPATE AS MEDIATORS AND PARTIES IN THE PRACTICAL MEDIATION ASSESSMENT. STUDENTS WHO DO NOT PARTICIPATE AS MEDIATORS AND PARTIES WILL NOT BE ELIGIBLE TO PASS THE PAPER.

Requirements for assessed work

Te Piringa - Faculty of Law procedures for the presentation, submission and referencing of course work are set out in the Te Piringa - Faculty of Law Undergraduate Handbook @ p.33 which is available from http://www.waikato.ac.nz/law/undergraduate

Assignment resources are available online at http://www.waikato.ac.nz/law/student

Unless the student is otherwise advised, all work submitted includes the following information, clearly marked on the first page:

Assignment title – where the assignment allows the student a choice of question or topic, the question or topic must appear on the cover sheet along with:

  • Student ID
  • Paper number and name
  • Stream (if applicable)
  • Tutorial Group (if applicable)
  • Name of Lecturer/Tutor
  • Due Date
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Assessment Components

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The internal assessment/exam ratio (as stated in the University Calendar) is 100:0. There is no final exam. The final exam makes up 0% of the overall mark.

The internal assessment/exam ratio (as stated in the University Calendar) is 100:0 or 0:0, whichever is more favourable for the student. The final exam makes up either 0% or 0% of the overall mark.

Component DescriptionDue Date TimePercentage of overall markSubmission MethodCompulsory
1. Essay
26 Nov 2018
10:00 AM
30
  • Online: Submit through Moodle
✔
2. Practical Mediation
5 Dec 2018
No set time
35
  • In Class: In Workshop
✔
3. In class closed book test; 11:00- 12.30 pm (10 minutes reading time)
4 Dec 2018
11:00 AM
30
  • In Class: In Lecture
✔
4. Participation as a party in practical mediation assessment
5 Dec 2018
No set time
5
  • In Class: In Lecture
✔
Assessment Total:     100    
Failing to complete a compulsory assessment component of a paper will result in an IC grade
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Required and Recommended Readings

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Required Readings

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All law students are required to purchase, for use in all law papers, a copy of McLay, Murray & Orpin, New Zealand Law Style Guide, 2nd edition, Thomson Reuters (2011). This is available from Bennetts, at an approximate price of $37 incl GST.

In addition to the texts identified below, the Faculty of Law requires that students purchase the course materials book(s) for this paper. These are available from Waikato Print.

Further material may be provided on the paper site on Moodle (http://elearn.waikato.ac.nz (http://elearn.waikato.ac.nz)), the University of Waikato’s online learning system. Any such material is provided on the following terms: University of Waikato owns the intellectual property rights, including copyright, in and to this site, or has acquired the necessary licenses to display the material on the site. As a student of the Te Piringa - Faculty of Law, you are granted a limited license to use (access, display or print a single copy) the material from the papers in which you are enrolled for the purposes of participating in the paper only, provided the information is not modified. Materials may not under any circumstances be copied, stored, distributed or provided in any form or method whatsoever to any third party. Any other use of the material is prohibited. None of the material may be otherwise reproduced, reformatted, republished or re-­disseminated in any manner or form without the prior written consent of University of Waikato. To obtain such consent, please contact the Te Piringa - Faculty of Law.

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Online Support

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Online support is available via Moodle.

If you require assistance with Moodle, or encounter any problems, please contact the Help Desk. You can send a message to Help Desk by using the instant message service in your paper (from the participants list within the People block). Alternatively, you can email them directly at help@waikato.ac.nz or call 838 4008.

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Workload

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Students should expect to spend 150 hours in total on this paper. In addition to lecture attendance, significant time will need to be spent on background and complementary reading. Students should allow for periods of more­focused research time in the preparation of assignments.
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Linkages to Other Papers

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Prerequisite(s)

Prerequisite papers: LEGAL306 or LAWS306

Corequisite(s)

Equivalent(s)

Restriction(s)

Restricted papers: LAWS449

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