MVV378K Current Trends in Mediation: UK, Ireland and Europe

Faculty of Law
Autumn 2023
Extent and Intensity
0/1/0. 3 credit(s). Type of Completion: k (colloquium).
Taught in person.
Teacher(s)
doc. JUDr. Tereza Kyselovská, Ph.D. (seminar tutor)
Dr Henrietta Zeffert (seminar tutor), doc. JUDr. Tereza Kyselovská, Ph.D. (deputy)
Guaranteed by
doc. JUDr. Tereza Kyselovská, Ph.D.
Faculty of Law
Contact Person: Mgr. Věra Redrupová, B.A.
Supplier department: Faculty of Law
Timetable of Seminar Groups
MVV378K/01: Mon 18. 9. 10:00–11:40 041, 12:00–13:40 041, Tue 19. 9. 10:00–11:40 041, Wed 20. 9. 10:00–11:40 041, 12:00–13:40 041
Course Enrolment Limitations
The course is only offered to the students of the study fields the course is directly associated with.

The capacity limit for the course is 30 student(s).
Current registration and enrolment status: enrolled: 1/30, only registered: 0/30
fields of study / plans the course is directly associated with
there are 80 fields of study the course is directly associated with, display
Course objectives
This mini module has been designed specifically for students in the Faculty of Law, Masaryk University as part of the Erasmus Teaching Mobility Scheme. The aim of this module is to provide students with an introduction to the theory and practice of mediation. This module is distinctive in taking a socio-legal approach. To this end, students will acquire an understanding of the political debates surrounding the movement to (alternative) dispute resolution in the UK and Europe. We will compare attitudes to ADR across jurisdictions and examine the different legislative approaches to ADR. We will debate current issues such as the use of technology in ADR, the desirability of mandatory mediation, and the role of the trial today. An important feature of this module is that it examines the interface between theory and practice. As such, students will be asked to engage with scholarly critiques of mediation as well as doing practical exercises. This module reflects the increasing importance and popularity of ADR but acknowledges the problems, legal and political, that must be addressed to ensure just outcomes for disputants as well as broader society-wide benefits in reducing conflict and generating greater empathy. This module is for all law students, including (and perhaps particularly) those not intending to practice as lawyers.
Learning outcomes
At the end of the course, students should be able to:
1. Discuss the socio-legal dynamics of disputes and the reasons why people embark on and pursue grievances;
2. Demonstrate an understanding of the distinction between mediation, negotiation and other types of dispute resolution processes;
3. Demonstrate an appreciation of how negotiation and mediation theories offer insights to the analysis and resolution of disputes;
4. Explain when negotiation or mediation is the most appropriate form of dispute resolution to use;
5. Critically evaluate ongoing developments in law relating to mediation;
6. Apply the techniques of negotiation and mediation in a written exercise.
Syllabus
  • 1. Introduction to mediation: Facilitative mediation
  • 2. Mediation skills, process and technique
  • 3. Evaluative and transformative mediation
  • 4. Critiques of mediation: Informalism and technology
  • 5. Mediation exercise and assessment
Literature
  • See Teacher's Information for full details.
Teaching methods
5 x 100 minute interactive seminar
Students will be provided with a Module Handbook to guide them through the seminars.
Assessment methods
The assessment for this mini module comprises:
• 1 x 1000 word written exercise
• Assessment commences in our final seminar
• The written exercised must be submitted by [date TBC]
Language of instruction
English
Further comments (probably available only in Czech)
Study Materials
The course is taught only once.
Teacher's information
Literature

For most seminars I have set core reading and further readings. Electronic links to the readings are provided in the Module Handbook. Students are asked to read at least the core reading prior to each seminar. The further reading is for student’s own interest and to extend your learning.

There is no set text for this module, however we will make regular reference to:

• Henry Brown and Arthur Marriot, ADR: Principles and Practice (1993) – one copy available in the MUNI Library Faculty of Law (or you can purchase secondhand copies online – any edition, including the most recent 2018 edition)

• Roger Fisher and William Ury (2011) Getting to Yes: Negotiating an Agreement Without Giving In – one copy available in the MUNI Library Faculty of Social Studies (or purchase cheap secondhand copy on Amazon – any edition)

  • Enrolment Statistics (recent)
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