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Prof Linda Mulcahy NAB7.15 

This course is available on the LLM (extended part-time), LLM (full-time), MSc in Law, Anthropology and Society and University of Pennsylvania Law School LLM Visiting Students. This course is available with permission as an outside option to students on other programmes where regulations permit.

This course will be relevant to the following LLM specialisms: Legal Theory. This course is capped at 60 students. Students must apply through Graduate Course Choice on 杏吧论坛 for You.

Students wishing to take Advanced Mediation must have taken The Theory and Practice of Dispute Resolution

This course examines the various models of mediation and the contexts in which each is used. It also considers contemporary debates about power in mediation. Practicing mediators will be invited to a number of the classes in order to facilitate discussion of the interface between theory and practice. Topics include 1. Distinguishing between different models of mediation e.g., facilitative, evaluative, narrative/transformative and transactional 2. The cultural context of mediation 3. Gender and mediation 4. Power and mediation 5. The lawyer's role in mediation 6. Case studies of the use of mediation in particular fields may include commercial, family, personal injury international and community mediation. 7. The shift towards compulsory mediation The course is designed to complement the options on Commercial Arbitration and Advanced Negotiation and Mediation and The Theory and Practice of dispute resolution.

20 hours of seminars in the LT. 2 hours of seminars in the ST.

Seminars will take the form of a mini lecture followed by in-depth discussion of the reading. In addition students will undertake a series of role play exercises and analyses of filmed mediations in which they are asked to explore the interface between theory and practice.

There will be a Reading Week in Week 6.

One 2,000 word essay.

Simon Roberts and Michael Palmer's 2005 (second edition) Dispute Processes: ADR and the Primary Forms of Dispute Resolution, Cambridge, Cambridge University Press; David Luban, Settlements and the Erosion of the Public Realm, 83 Geo LJ 2619 1994-5; Abel, Richard L (1982) ‘The Contradictions of Informal Justice’, in Richard L. Abel (ed.) The Politics of Informal Justice, Volume 1: The American Experience, New York: Academic Press; Grillo, T., (1991) ‘The Mediation Alternative: Process Dangers for Women’ 100 Yale Law Journal 1545-1610; Masood Ahmed “Implied compulsory mediation” Civil Justice Quarterly, 2012 31(2) p163.

Essay (100%, 8000 words) in the ST.