MOOTING, MEDIATION AND NEGOTIATION

SHE Level 2
SCQF Credit Points 20.00
ECTS Credit Points 10.00
Module Code M2M025676
Module Leader James Connolly
School Glasgow School for Business and Society
Subject Law
Trimester
  • A (September start)

Summary of Content

The module is designed to prepare students to compete at the level of national and international competitions in mooting, mediation, and negotiation. Students will compete in one competitive moot. Students will study mediation practice, current theories of negotiation, and participate in two assessed mediations as mediator and as party. Restorative Justice Practices will also be contrasted with mediation practices.

Syllabus

1. Mooting and Advocacy techniques. 2. Mooting in International Competition. 3. Drafting Memorials 4. Mediation theory: Facilitative v Evaluative. Case studies. 5. Mediation skills: Conflict styles; Emotional Intelligence 6.. Negotiation theory: Getting to Yes; Getting Past No; Win-win; All or Nothing. Glossaries of terms. 7. Comparisons with Restorative Justice.

Learning Outcomes

On successful completion of this module students should be able to: 1) Be able to demonstrate oral advocacy skills appropriate for the conduct of an appellate case, including legal analysis, marshalling of arguments, responding to questions, responsiveness to developing lines of argument, rebuttal and court craft. 2) Be able to write a significant memorial as a team, setting out submissions in law with authorities and references 3) Be able to demonstrate the skills of mediation , including active listening, empathy, facilitative questioning, rapport building, identification of common interests, structuring of objective outcomes and to carry out effective self-assessment and appraisal of these skills 4) Be able to demonstrate an understanding of modern negotiation theories and terminology 5) Be able to be critically self-aware as regards progress and performance for learning outcomes throughout the module. PRME 6) Be able to develop highly valued skills by gaining effective learning experience for responsible leadership, particularly in effective negotiation, mediation and conflict resolution skills and advocacy.

Teaching / Learning Strategy

Teaching will be in 12 three hour lectures/workshops per week on mooting, mediation theory with role play, and negotiation theory with role play. The learning strategy for mooting is mainly self-directed, building on the assessed speed moots for the module Introduction to Legal Systems and Study, in that students will work in teams in preparation of a moot appeal and thereafter conduct a moot in competition. The moot will be recorded and feedback shall be given. The learning strategy for mediation will involve introductory lectures/workshops on the theories, principles and skills of mediation, based on examples from tournaments. Mediation will also be introduced as a species of negotiation. Students will mediate twice in exemplar cases, once as mediator and once as party.

Indicative Reading

Books and articles: Mooting Baskind, Mooting - The Definitive Guide, Routledge, 2018 Cooper and McArdle, Preparing to Moot: A Step-by Step Guide To Mooting, Routledge, 2017 Hammond and Ross, The Student Guide to Mooting, Dundee University Press, 2010. Kee, The Art of Argument - A Guide to Mooting, Cambridge University Press, 2006 John Snape & Gary Watt, How to Moot; A Student Guide to Mooting, 2nd Ed. OUP, 2010 David Pope and Dan Hill, Mooting and Advocacy Skills, Thomson, 2007 Conway and McCann, The Civil Advocacy Skill Book, Concann Productions Ltd, 2015 Online sources: Web Site www.mooting.net <http://www.mooting.net/> < http://pricemootcourt.socleg.ox.ac.uk/welcome> < http://www.routledge.com/cw/slapper-9780415639989/s2/mooting/> Negotiation and Mediation Fisher, R. & Ury, W., Getting to Yes, 3rd edition, Random House, 2012 Ury, W. Getting Past No, Bantam Books, 2007 Inns of Court School of Law, Negotiation, OUP, 2005. Marjorie Mantle, Mediation - A Practical Guide for Lawyers, Dundee University Press, 2011 Andrew Goodman, Mediation Advocacy, Nova Law and Finance, 2010. Bush and Folger, The Promise of Mediation: The Transformative Approach to Conflict, 2005, (E-book on Dawsonera) Marian Roberts, Mediation in Family Disputes: Principles of Practice, Aldershot, 1997. Malcolm and O'Donnell, A Guide to Mediating in Scotland, Dundee University Press, 2009 Moore, C. The Mediation Processs- Practical Strategies for Resolving Conflict, Jossey Bass, 2003. ON-Line http://www.routledge.com/cw/slapper-9780415639989/s2/negotiation/#styles

Transferrable Skills

By the end of this module students will have gained competence in the following key areas: Analysis, Synthesis, Critical Judgement and Evaluation The ability to identify issues, assimilate, evaluate and analyse information to construct written or oral solutions to a problem by bringing together and integrating relevant information, and selecting key material, from a variety of different sources. The ability to present arguments for and against propositions, acknowledging ranking of sources and relative impact in context. Such skills are developed within this module through the following activities: negotiating, mediating and mooting and in providing constructive feedback to others, in person in seminars and on line, in demonstrating self awareness and self reflection on one's own learning and performances. Personal Management, Independence and Ability to Learn The ability to organise and prioritise effectively the expenditure of time and effort in the performance of all aspects of student work. The ability to learn effectively and be aware of their own learning strategies; to manage their own learning development and to reflect upon their learning, seeking and making use of feedback. Such skills are developed within this module through the following activities: participating actively in negotiation, mediation and mooting, and in providing constructive feedback to others, in person in workshops and on line, in demonstrating self awareness and self reflection on one's own learning and performances. Communication and Literacy The ability to communicate information, ideas, advice and choices in an effective and succinct manner and in plain English without losing focus on key issues. The ability to listen and question effectively, to give and receive feedback and to make presentations addressing an allocated topic within the prescribed time frame. The ability to communicate both orally and in writing (and, where appropriate, by the use of electronic means) using the English language accurately by creating work which is comprehensible to the intended audience. The ability to create documents which are analytical, descriptive and inquisitive using appropriate terminology and recognised methods of citation and reference. Such skills are developed within this module through the following activities: negotiating, mooting, mediating, drafting a moot question and in providing constructive feedback to others, in person in workshops and on line, in demonstrating self awareness and self reflection on one's own learning and performances Numeracy, Information, Technology and Teamwork Where relevant and as the basis for an argument, the ability to present and evaluate information provided in numerical or statistical form. The ability to produce and present in an appropriate form a word-processed essay or other appropriate format. The ability to conduct efficient searches of websites to locate relevant information; and exchange documents by E-mail. The ability to work productively and cooperatively in different kinds of groups; to establish working relations with others, defining, sharing and delegating responsibilities within the group. Such skills are developed within this module through the following activities: mooting in teams, mediating in teams, producing a team memorial, providing constructive feedback to others, in person, in workshops and on line, in demonstrating self awareness and self reflection on one's own learning and performances

Module Structure

Activity Total Hours
Practicals (FT) 12.00
Assessment (FT) 80.00
Lectures (FT) 24.00
Independent Learning (FT) 84.00

Assessment Methods

Component Duration Weighting Threshold Description
Course Work 02 n/a 50.00 35% Active Mediation as Mediator
Course Work 01 n/a 50.00 35% Contested Moot