LEGAL449-21G (HAM)

Mediation: Law, Principles and Practice

15 Points

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Division of Arts Law Psychology & Social Sciences
Te Piringa - Faculty of Law

Staff

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Convenor(s)

Les Arthur

Les Arthur
6021
N.4.21
See Moodle
les.arthur@waikato.ac.nz

Lecturer(s)

Katrina Werahiko

Katrina Werahiko
8211
N.5.21
See Moodle
katrina.werahiko@waikato.ac.nz

Sue Wardill

Sue Wardill
6496
N.5.13
See Moodle
sue.wardill@waikato.ac.nz

Administrator(s)

Placement/WIL Coordinator(s)

Tutor(s)

Student Representative(s)

Lab Technician(s)

Librarian(s)

: carolyne.taylor@waikato.ac.nz
: em.pooley@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, 9 or 3 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.
    • For extensions starting with 3: dial +64 7 2620 + the last 3 digits of the extension e.g. 3123 = +64 7 262 0123.
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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 the civil justice system
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Paper Structure

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This paper is taught during November and December. In light of the restrictions imposed by Covid 19 the likely delivery of the paper is as follows:

1. Lectures will be delivered by Les Arthur online regardless of alert levels. There are around 100 students enrolled in the paper. The purpose of the lectures is to prepare students for the essay and online test. The lectures will be recorded and lecture slides posted on moodle. It is likely that the lecture content will be delivered during the first two weeks of the paper. A forum will be set up on moodle to allow students to ask questions about lecture content.

2. At this stage all the compulsory workshops (which are limited to about 26 -30 students for each workshop) and practical mediation assessments will be conducted via zoom. If alert levels allow, face to face teaching in person workshops may be available. The purpose of the workshops is to prepare students for the practical mediation assessment. Work shops WILL NOT BE RECORDED students must attend their allocated workshop. The practical mediation assessment is required by the Arbitrators and Mediators Institute 'AMINZ' as part of the accreditation process.

3. Sue Wardill is will explain the sign up process for the workshops, which will commence in the week beginning 22 November, in a zoom presentation in the first week of the paper. The time of this lecture will be advised. This lecture will be recorded. Sue will also explain the sign up process for the practical mediation assessments. All questions regarding the sign up process for workshops and practical mediation assessments should be directed to Sue.

4. Conducting skills based workshops and practical mediation assessments via zoom is not ideal and no doubt will present teachers and students with additional challenges. Students who are unable to commit to attendance at the compulsory allocated workshops should not remain enrolled in the paper. The practical mediation assessment and the role of parties in the practical mediation assessment are also compulsory. Students who do not fulfill these requirements will not pass the paper

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Learning Outcomes

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Students who successfully complete the paper should be able to:

  • Evaluate and independently develop and articulate a coherent critique of core theoretical topics in mediation
    Linked to the following assessments:
  • Demonstrate an understanding of the principal methods of resolving disputes
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  • Demonstrate an understanding of the advantages and disadvantages of mediation as a method of dispute resolution
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  • Demonstrate an understanding of the relationship between mediation and the legal system
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  • Demonstrate an understanding of the legal and ethical aspects of mediation
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  • Use mediation skills to resolve disputes based on simulations and case studies
    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
6 Dec 2021
4:00 PM
25
  • Online: Submit through Moodle
2. online test
21 Dec 2021
10:00 AM
25
  • Online: Submit through Moodle
3. Practical mediation: Assessments run from 9th Dec to 17th Dec
17 Dec 2021
No set time
31
  • Hand-in: In Lecture
✔
4. Participation as a party in practical mediation assessment:
17 Dec 2021
No set time
10
  • In Class: In Lecture
✔
5. workshop attendance - 3 marks attendance for each allocated workshop
9
  • Hand-in: 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 Coppard, McLay, Murray and Orpin-Dowell, New Zealand Law Style Guide, 3rd edition, 2018. 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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Recommended Readings

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Boulle, Goldblatt and Green, Mediation: Skills and Strategies,LexisNexis, 2015
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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 more ­focused research time in the preparation of assignments.
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Linkages to Other Papers

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Prerequisite(s)

Prerequisites papers: LEGAL306

Corequisite(s)

Equivalent(s)

Restriction(s)

Restricted papers: LAWS449

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