Singapore University of Social Sciences

Mediation Advocacy

Mediation Advocacy (LAW403)

Synopsis

LAW403 Mediation Advocacy introduces the student to a lawyer’s role in mediation. The mediation process requires lawyers to possess knowledge, skills and attitudes that differ significantly from trial advocacy. With a better understanding of their role in mediation, lawyers will be better placed to serve their clients by getting them the best possible results out of mediation.

Level: 4
Credit Units: 5
Presentation Pattern: EVERY REGULAR SEMESTER

Topics

  • Collaborative problem-solving: 7 elements of interest-based conflict resolution
  • Overview of mediation, including community and family mediation
  • Modern mediation approaches, including the advocate’s role in mediation
  • Deciding case suitability, and the appropriate time and mediator
  • Defining your client’s goals, and strategies for the mediation: Preparing your client
  • Persuasive case statement and opening statement
  • Pre-mediations
  • Persuading the other side during mediation
  • Managing vindictive emotions
  • Culture in mediation
  • Mediation legislation and enforcing mediated settlement agreements
  • Global developments in mediation

Learning Outcome

  • Distinguish the different conflict resolution mechanisms and the different models of mediation
  • Examine the advocates’ role in litigation and in mediation
  • Analyse the mediation landscape in Singapore (the institutions and the legal framework)
  • Categorize and apply the 7 elements of interest-based conflict resolution
  • Assess the suitability of a case for mediation
  • Formulate strategies to help clients maximise settlement benefits at a mediation
  • Plan and strategize for a mediation session to achieve the best outcomes for the client
  • Prepare a case for mediation; including preparation of the client and the case statement
  • Demonstrate and use the various mediation advocacy skills in a range of scenarios
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