LEGAL449-22G (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)

Sam Campbell

Sam Campbell
4916
N.5.22
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sam.campbell@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
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sue.wardill@waikato.ac.nz

Administrator(s)

Placement/WIL Coordinator(s)

Tutor(s)

Student Representative(s)

Lab Technician(s)

Librarian(s)

: 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 non­-statutory 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.

The paper has four substantive lectures (delivered online) and three 2-hour workshops.

1. 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. There will be no option to attend lectures in person. A forum will be set up on Moodle to allow students to ask questions about lecture content.

2. There are workshops (which are limited to about 26-30 students for each workshop) in this paper. The purpose of the workshops is to prepare students for the practical mediation assessment. Workshops will not be recorded, but can be attended in person or via Zoom (access link in Moodle). Students must attend their allocated workshop. The practical mediation assessment is required by the Arbitrators and Mediators Institute of New Zealand ('AMINZ') as part of the accreditation process.

3. Sue Wardill will explain the sign up process for the workshops during the first week of the paper (Wednesday 16 November). The workshops will commence in the week beginning 21 November. The class on Wednesday 16 November will be held by Zoom and will be recorded. Sue will also explain the sign up process for the practical mediation assessments.

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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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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, 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
  • Workshop 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
9 Dec 2022
5:00 PM
25
  • Online: Submit through Moodle
2. Practical mediation: assessments run from 12-16 Dec
16 Dec 2022
No set time
31
  • Other: Practical assessment in-person or via Zoom
3. Participation as a party in practical mediation assessment: 12-16 Dec
16 Dec 2022
No set time
10
  • Other: Practical assessment in-person or via Zoom
4. Online test
20 Dec 2022
9:00 AM
25
  • Online: Submit through Moodle
5. Participation
9
  • Other: Participation across the paper as a whole
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)), 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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The following text is recommended, and is available form the university book shop:

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)

Corequisite(s)

Equivalent(s)

Restriction(s)

Restricted papers: LAWS449

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