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LLM Curriculum

Mediation

CML5631S

Course Overview:

Higher postgraduate course, second semester

Pre-requisites:
See Rules for LLM and MPhil Degrees and Postgraduate Diplomas.

Objective:
The aim of the course is to develop academic and professional proficiency in labour law, conflict management, negotiation, arbitration, conciliation, dispute prevention and resolution, and relevant aspects of labour economics and human resource development. The course is principally targeted at persons who are either already practising as conciliators and arbitrators (and wish to further develop their academic and professional skills) or those who wish to gain proficiency in this area.

Course outline:
The course comprises the following modules:

Module 1: Conflict Management
Conflict definition; Conflict sources; Conflict Management (Dispute prevention, Dispute settlement); Approaches to conflict management; Conflict path.

Module 2: Negotiation
Different forms of negotiations (Interest based, Competitive based (position based)); Developing negotiation skills (Skills in problem solving, Listening, Paraphrasing, Dealing with threats and anger, Skills in problem solving); Case studies and role-plays.

Module 3: Conciliation
Definition (Issues coming to conciliation, What is mediation, What is fact-finding, What is an advisory award); Case studies/role play; Conciliation procedures.

Module 4: Arbitration
Definition; Issues coming before arbitration; Dismissal (issues of right: Operational requirements, Misconduct, Incapacity); Interest issues (Wages, Job grading); Interpretation issues; Arbitration procedures (Opening arguments, Narrowing the issues, Examination in chief, Evidence, Re-examination, Interventions by the arbitrator, Cross-examination, Closing arguments, The award); Special Focus on Admissibility of evidence, Assessment of evidence, Dealing with representation, Dealing with preliminary points, Conciliating in arbitration.

Module 5: Dispute Prevention
Definition; Codes of conduct; Guidelines; Ministerial / State's role; Collective agreements; Relationship building.

Module 6: Drafting
Awards; Agreements; Opinions.

DP requirements:
Satisfactory attendance of lectures, presentations and practicals, and completion of written assignments.

Assessment:
Prescribed assignments and written examination count for 100%.