| CODE | LAW5076 | ||||||
| TITLE | Practical Applications in Civil and Commercial Law Mediation | ||||||
| UM LEVEL | 05 - Postgraduate Modular Diploma or Degree Course | ||||||
| MQF LEVEL | 7 | ||||||
| ECTS CREDITS | 10 | ||||||
| DEPARTMENT | Faculty of Laws | ||||||
| DESCRIPTION | This study-unit addresses mediation practices introduced after 2018 within the civil and commercial law remits. It familiarizes students with settings where they can understand the field of law and address facts of the case as well as the parties’ rights, obligations and duties within that context. The new areas of specialization are four: consumer law mediation, environmental out-of-court settlements, rent law mediation, and industrial and employment relations mediation. Each area will have 15 hours of lectures and will examine: • The special laws governing the individual discipline; • The regulations and procedures giving rise to the remedy of mediation; • The tribunal setting; • The legal issues that might hinder mediation between the parties. The combination of fields is also meant to give a bigger and more realistic picture of how mediation is developing as a legal tool outside of the traditional areas where mediation is practiced. Study-unit Aims: The aim is to familiarise students with the new civil and commercial law areas where mediation has been introduced and to offer an insight into how different specialisations outside of the traditional setting of the Family Court use mediation as a tool. The secondary aim is to foster within the students a multi-disciplinary awareness, interest and appreciation of different strands of mediation. Learning Outcomes: 1. Knowledge & Understanding By the end of the study-unit the student will be able to: (a) recognize how mediation resolves disputes and avoids litigation; (b) become conversant with and apply the correct legal discourse and procedure within each field; (c) appraise how the different tribunals function; (d) compare and contrast the different forms of alternative dispute resolution practices within the Maltese justice system; (e) differentiate between case management practices. 2. Skills By the end of the study-unit the student will be able to: (a) appraise the facts of the case before them; (b) envisage and estimate the extent of obstacles that may arise; (c) apply the correct legal principles and procedure in case management; (d) formulate legal documents and Tribunal reports; (e) demonstrate the necessary communication skills to facilitate and manage mediation proceedings. Main Text/s and any supplementary readings: MAIN TEXT: Consumers’ Affairs Act (Cap. 368) web: legislation.mt Consumer Alternative Dispute Resolution (General) Regulations (LN 374 of 2015) web: legislation.mt Development Planning Act (Cap. 552) web: legislation.mt Environment Protection Act (Cap. 549) web: legislation.mt Reletting of Urban Property (Regulation) Ordinance (Cap.69) web: legislation.mt Rent Regulation Board (Mediation) Regulations (LN 364 of 2020) web: legislation.mt Employment and Industrial Relations Act (Cp 452) web: legislation.mt SUPPLEMENTARY TEXT: Consumer Law Mediation: Biard, A. Impact of Directive 2013/11/EU on Consumer ADR Quality: Evidence from France and the UK Journal of consumer policy, 2019-03-15, Vol.42 (1), p.109-147. Available on Hydi De La Rosa, Fernando Esteban; Cebola, Cátia Marques. The Spanish and Portuguese Systems: Two Examples Calling for a Further Reform – Uncovering the Architecture Underlying the New Consumer ADR/ODR European Framework. European review of private law, 2019-01-01, Vol.27 (6), p.1251-1278. Available on Hydi Environmental Law Mediation: Clarke, Tracylee, and Tarla Rai Peterson. Environmental Conflict Management. 2016. Available on Hydi Collins, Richard C. The Emergence of Environmental Mediation. Virginia Environmental Law Journal 10.1 (1990): VI-X. Available on Hydi Rent Law Mediation: Davies, Mair Coombes. A fresh approach: ADR in property disputes is a new way to solve an old problem. New law journal, 2013-10-25, Vol.163 (7581), p.20. Available on Hydi Djanogly, Daniel. A coming of age: the options of property ADR. New law journal, 2013-12-13, Vol.163 (7588), p.24. Available on Hydi Industrial /Employment Law Mediation: Attard, Chris. Mediation of industrial and employment disputes: can mediation offer an alternative dispute resolution framework for Malta? MA Mediation dissertation, University of Malta, 2013. Available on Hydi Baker, A. Access vs Process in Employment Discrimination: Why ADR Suits the US but not the UK. Industrial law journal (London), 2002-06-01, Vol.31 (2), p.113-134. Available on Hydi Forsyth, A. Workplace conflict resolution in Australia: the dominance of the public dispute resolution framework and the limited role of ADR. International journal of human resource management, 2012, Vol.23(3), p.476-494. Available on Hydi |
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| STUDY-UNIT TYPE | Lecture and Tutorial | ||||||
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| LECTURER/S | Arthur Azzopardi Aimee Brincat Carlos Bugeja Natalino Caruana de Brincat Antoine Grima Mary Muscat (Co-ord.) Marvic Sciberras |
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The University makes every effort to ensure that the published Courses Plans, Programmes of Study and Study-Unit information are complete and up-to-date at the time of publication. The University reserves the right to make changes in case errors are detected after publication.
The availability of optional units may be subject to timetabling constraints. Units not attracting a sufficient number of registrations may be withdrawn without notice. It should be noted that all the information in the description above applies to study-units available during the academic year 2024/5. It may be subject to change in subsequent years. |
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