LLAW6161

General Course Information

1.1 Course details

Course code: LLAW6161
Course name: Mediation
Programme offered under: LLM Programme
Semester: First
Prerequisites / Co-requisites: No
Credit point value: 9 credits
Cap on student numbers: 36

1.2 Course description

The mediation module is a comprehensive 40 hour module approved by the Hong Kong Mediation Accreditation Association Limited (HKMAAL) to satisfy Stage 1 of the mediator accreditation process. Participants are educated and trained in the process of mediation and the necessary skills required for effective mediation of disputes and are also assessed for HKMAAL mediator accreditation. Completion of the course also qualifies students to apply for Associate Membership of the Chartered Institute of Arbitrators without having to do the normal examination.

While the participants will be introduced to a broad range of dispute resolution processes, the course focuses specifically on mediation a process by which the independent mediator assists the parties in dispute to negotiate an agreement that reasonably well meets their needs and objectives. The course will cover the structure and phases of mediation, essential communication skills, management of the mediation process and effective facilitation skills. These skills are also useful for everyday life and work.

The course teaches the facilitative model of mediation. Please note that this is not the only way a mediation can be conducted. It is also the process which course assessors will expect and the process which HKMAAL expects people to follow if they wish to sit for the Stage 2 mediator accreditation assessments after the course.

The teaching of the Mediation Skills Training Course relies on an interactive and role playing method of learning and participants must have sufficient command of the English language to comprehend and express themselves in an articulate manner. The course involves education and training in the mediation process, communication skills and the core skills necessary to conduct an effective mediation. Case studies, demonstration, large and small group discussions, role playing (of different roles – the mediator, mediating party and advisor), Faculty coaching, individual feedback and peer review are all utilised. The participants mediate simulated cases with Faculty observation and assessment of mediation performance. Participants must complete the practical spoken part of the mediation assessment and may also be required to submit written assignments as part of the course assessment e.g. dealing with mediated settlement agreements and other mediation issues.

1.3 Course teachers

Name E-mail address Office Consultation
Course convenor Peter Ho cecilyzhu@accordgroup.com.au N/A By email
Course convenor Oscar Tan TBA N/A By  email

Learning Outcomes

2.1 Course Learning Outcomes (CLOs) for this course

CLO 1 Acquire and evaluate new knowledge in relation to facilitative mediation.

CLO 2 Recognize and explain the ethical, legal and process requirements of facilitative mediation.

CLO 3 Apply theoretical understanding of mediation skills in simulated conflict situations.

2.2 LLM Programme Learning Outcomes (PLOs)

Please refer to the following link: https://course.law.hku.hk/llm-plo/

2.3 Programme Learning Outcomes to be achieved in this course

PLO A PLO B PLO C PLO D PLO E PLO F
CLO 1
CLO 2
CLO 3

Assessment(s)

3.1 Assessment Summary

Assessment task Due date Weighting Feedback method* Course learning outcomes
Participation in mediation role play simulations N/A 50% 1, 2, 5 1, 2, 3
Research assignment 12 Dec 2021 50% 1, 2 1, 2, 3
*Feedback method (to be determined by course teacher)
1 A general course report to be disseminated through Moodle
2 Individual feedback to be disseminated by email / through Moodle
3 Individual review meeting upon appointment
4 Group review meeting
5 In-class verbal feedback

3.2 Assessment Detail

Mediation Skill Assessment

The first assessment task takes the form of a role play in a group of 3 people observed by a coach where the participant will mediate for about 80 minutes. Participants will be provided with verbal feedback from a coach after the role play. The coach will also prepare written feedback in the form of HKMAAL Mediator Assessment Form 1, a copy of which will be provided to participants after the course.

Each participant will have at least 2 opportunities to practice mediating before the assessment.

Research Assignment

Students are required to submit a final Research Assignment on selected mediation topic in 5000 words limit.

3.3 Grading Criteria

Please refer to the following link: https://www.law.hku.hk/_files/law_programme_grade_descriptors.pdf

Learning Activities

4.1 Learning Activity Plan

Seminar: Seminars in intensive mode in Oct/Nov 2020
Private study time: 9 hours / week for 12 teaching weeks

Remarks: the normative student study load per credit unit is 25 ± 5 hours (ie. 150 ± 30 hours for a 6-credit course), which includes all learning activities and experiences within and outside of classroom, and any assessment task and examinations and associated preparations.

4.2 Details of Learning Activities

To be advised by course convenor(s).

Learning Resources

5.1 Resources

Reading materials: Reading materials are posted on Moodle
Core reading list: Students will be provided with a comprehensive Mediation Skills Training Course Manual at the start of the course.
Recommended reading list:
  • Getting to Yes
    Roger Fisher and William Ury, Penguin Books, 2012
  • Mediation Skills and Techniques
    Laurence Boulle and Nadja Alexander, LexisNexis, 2011
  • Hong Kong Mediation Handbook
    Raymond Leung (ed.), Sweet & Maxwell, 2014

5.2 Links

Please refer to the following link: http://www.law.hku.hk/course/learning-resources/