Course title

ADR in Asia and the Rest of the World

Teacher(s)Danny McFadden、SAITO Akira

Numbering Code

Day・PeriodOther

開講区分

単位数

2nd semester

1.0

Timetable Slot
Code3J380

Lesson topic
To learn the skills of International Commercial Mediation
Lesson target
By the end of this course, participants will be able to:- have had fun learning about a fascinating topic which at its heart is simply about helping people resolve theirdifferences- appreciate the background of modern mediation practice drawing on the rich historical tradition of mediation aspracticed globally- confidently practice the skills and process through role play and exercises- develop an understanding of nature of conflicts – causes and effects- identify in practice and discussion the process and principles underpinning the different models of mediation- develop an understanding of negotiation styles and how it impacts mediation- appreciate and discuss how culture may impact on international mediation practice- relate their acquired knowledge to the experiential- use their acquired mediation and communication skills in real world situations- develop an awareness of the underlying issues in mediating in different scenarios; ethical issues; power issues;
safety issues; professional relationships- appreciate and discuss how emotions interact on parties in dispute and learn some of the skills required tolisten to and handle emotion in conflict situations- consider and discuss the “Western mediation model” and its appropriateness in other cultures, in particular
Asian countries

Syllabus and plan
Session 1: Origins of traditional and modern mediation
Mediation Models
Comparison of civil and common law mediation practice
Session 2: International mediation landscape:Comparative Case studies; Western and Asian perspectives
Session 3: Negotiation Positional and Principled – Conflict styles
Session 4: Communication skills, Listening and Questioning – Handling emotion
Session 5: Phases of Mediation – Using facilitative mediation model
Mediator and Lawyers Roles in the process
Session 6: Opening Phase – Role Play
Session 7: Exploration Phase – Role Play
Concluding, Overcoming Deadlock and Ethics
Session 8: Cross cultural issues in Mediation

Evaluation method
Journal: 20%
Class Participation: 35%
Class Oral Presentation: 15%
Group & collective project: 30%
There is no final examination for this course.

Evaluation baseline
With the method stated above, grades will be determined in accordance with the degrees of achievement of theobjectives.

Notice (include info. on related class)This course will be highly interactive and it will be expected that all students participate in practicing theskills and process through role play and exercises.
For that reason, if you are likely to be absent from any class session, please notify Mr. McFadden and try to
notify other participants in the session in advance.

Review and preparation- You will be expected to have read and prepared for the scenario or role play for each mediation session.
- Please print any instructions you receive and do not rely on having soft copy on your laptop screen.
- There will be assigned readings but the class will not always involve a review of those readings.

Office hour・Contact information
Contact details will be announced during lectures.
Message for student
N/A
Improvemenets in Teaching
N/A
Text
Additional readings other than those mentioned below will be assigned and hand-outs, which will be a common featureof this course.
Mediation in Greater China, the New Frontier for Mediation / McFadden, Danny : Kluwer Law Book Company ,2013,ISBN:9789881221537
Getting to Yes / Fisher, R & Ury, W : Arrow ,1997 ,ISBN:0099248425
Mediation in Singapore Edition 1 / McFadden, Danny & Lim, George : Sweet & Maxwell ,2015 ,ISBN:9789810786571
Reference Material
There are more commended texts and readings by Mr. McFadden. Please refer to the further information which will beprovided later.
The Mediation Dilemma / Beardsley, K : Cornell University Press , ,ISBN:978080145037
The ADR Practice Guide: Commercial Dispute Resolution / Mackie, K, Miles, D, Marsh, W & Allen, T : Butterworths ,,ISBN:9781845923143
International Mediation – the art of business diplomacy / Carroll, Eileen & Mackie, Kari : Tottel Publishing andKluwer Law International , ,ISBN:1-84592-346-4
Classroom Language
EnglishKeywords
N/A