Module LAW3617: INTERNATIONAL COMMERCIAL MEDIATION

Department: Law

LAW3617: INTERNATIONAL COMMERCIAL MEDIATION

Prerequisites

• Introduction to English Law and Legal Method (LAW1121), Tort Law (LAW1051), and Contract Law (LAW1071) OR, at the discretion of the Chair of the Board of Studies or delegate, a suitable module from another Department.

Corequisites

• None

Excluded Combination of Modules

• None

Aims

• This course involves a study of the various processes available to disputing commercial parties to resolve conflict, with a particular emphasis on the legal and regulatory issues concerning the commercial mediation process.
• The course provides students with an understanding of current and contemporary commercial mediation issues in a national and international context.
• As most commercial disputes settle out of court, policy in numerous common law, civil law and ‘mixed’ jurisdictions around the world promotes mediation as an effective means of resolving commercial conflict. Through participation in this course students will acquire knowledge that will provide a useful resource for their future careers.

Content

• The module will feature the legal and regulatory issues of international commercial mediation. The syllabus will cover the following topics:
• Introduction to Commercial Mediation
• Commercial Mediation in the International Context
• Agreements for Future Mediation
• The Mediation Process
• Mediators and their Appointment
• Lawyers and Other Professional Mediation Supporters
• Mediated Settlement Agreements
• Confidentiality
• New topics might be introduced and some of the current topics might be replaced.

Learning Outcomes

• On completion of the module, students will be able to:
• Demonstrate an understanding of the various options available to disputing parties to resolve commercial conflict.
• Demonstrate knowledge of the laws and regulations concerning international commercial mediation.
• Demonstrate an understanding of the legal implications of mediation as a mechanism to settle commercial disputes.

• On completion of the module, students will be able to:
• Make reasoned judgements on the effectiveness of specific laws and international instruments concerning commercial mediation, and the desirability of their reform.
• Situate current legal controversies relating to commercial mediation in their historical, cultural and international contexts.
• Engage with key legal and policy debates both domestically and internationally.

• Students will develop:
• Skills in conducting research into legal materials from a variety of national and international jurisdictions.
• Abilities to summarise concisely and critically regulations, laws and international instruments.
• Skills in investigating and analysing linkages between legal theory and legal outcomes.
• Intellectual capacity to recognise potential alternative conclusions to particular legal and regulatory problems.
• Develop problem-solving skills, research skills and the ability to evaluate legislation and judicial interpretation against the policy intent of the law.

Modes of Teaching, Learning and Assessment and how these contribute to the learning outcomes of the module

• The teaching will be based on seminars supported by targeted reading drawn from both primary and secondary sources. Students will have the opportunity to discuss contemporary policy, legal and regulatory issues.
• The seminars and directed discussion will be designed to facilitate and build knowledge, understanding and critical insights.
• A formative assignment of 1000 words is used to develop research skills and the ability to evaluate laws, regulations and judicial interpretation.
• The summative essay of 2000 words will assess the extent to which students have developed an overall grasp of the subject matter and related issues in comparative perspective and test their ability to engage in critical analysis through a structured argument written and presented in a concise but complete way. This method of assessment will test students’ ability to meet the relevant learning outcomes.
• Students will be supported and encouraged in the development of their research and writing skills.

Teaching Methods and Learning Hours

Summative Assessment

Formative Assessment:

One essay of 1000 words.

■ Attendance at all activities marked with this symbol will be monitored. Students who fail to attend these activities, or to complete the summative or formative assessment specified above, will be subject to the procedures defined in the University's General Regulation V, and may be required to leave the University