開講科目名

ADR in Asia and the Rest of the World

担当教員

Danny McFadden、齋藤彰

開講区分

単位数

前期2単位

授業のテーマと到達目標
Theme: To lean the skills of nternational Commercial Mediation
Objective: 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
as practiced globally- confidently practice the skills and process through role play and exercises- develop an understanding of the 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 to listen
to and handle emotion in conflict situations- consider and discuss the "Western mediation model" and its appropriateness in other cultures, in particular
Asian countries

授業の概要と計画
Session 1: Origins of traditional and modern mediation
Mediation Models
Comparision of civil and common law mediation practice
Session 2: International mediation landscape: Comparative Case studies;
Western and Asian perspectivesSession 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

成績評価と基準
Journal: 15%
Class Participation: 25%
Essay (3000 words): 30%
Class Oral Presentation: 10%
Group & collective project: 20%
There is no final examination for this course.

履修上の注意（準備学習・復習、関連科目情報等を含む）- This course will be highly interactive and it will be expected that all students participate in practising the skills
and process through role play and exercises.
For that reason, if you are likely to be absent from any class session, please notify Prof. McFadden and try to notify
other participants in the session in advance.
- 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 yourlaptop screen.
- There will be assigned readings but the class will not always involve a review of those readings.

オフィスアワー・連絡先
To be announced

学生へのメッセージ

今年度の工夫教科書
Additional readings other than those mentioned below will be assigned and Hand-outs will be a common featureof this course.
Mediation in Greater China, the New Frontier for Mediation / McFadden, Danny : Kluwer Law Book Company,October 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

参考書・参考資料等
There are more commended text and readings by Mr. McFadden. Please refer to the further informoation which
will be provided 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:International Mediation - the art of business diplomacy / Carroll, Eileen & Mackie, Kari : Tottel Publishing andKouwer Law International , ,ISBN:1-84592-346-4
Mediation in Greater China / Danny McFadden : ,2013 ,ISBN:9881221536

授業における使用言語
The lectures will be conducted in English

キーワード