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Study-Unit Description

Study-Unit Description


CODE MCT5003

 
TITLE Mediation and Negotiation Skills

 
UM LEVEL 05 - Postgraduate Modular Diploma or Degree Course

 
MQF LEVEL 7

 
ECTS CREDITS 5

 
DEPARTMENT Media, Communications & Technology Law

 
DESCRIPTION The study-unit provides the student with an opportunity to compare and contrast the practices of mediation and of the Office of the Ombudsman. They will discover that both practices are complementary to each other, albeit the scope in Mediation (a specific process to resolve a dispute) and in the Office of an Ombudsman (a conflict manager) are different. It will also teach negotiating skills to the students more so that as Ombudsman employees that need to negotiate with the public administration and as employees of the public administration they need to negotiate with the Ombudsman's office.

Study-unit Aims:

The study-unit will provide the Student with the basic principles and common standards of practice of mediation. It will seek to establish whether the skills of the Mediator relate to the role of an Ombudsman. It will also determine whether a mediation service may be offered within the office of the Ombudsman and whether the Ombudsman may act as mediator. It will teach the student the negotiating skills that are much required to successful perform the task of an employee in an Ombudsman's office or in a civil serviced office.

Learning Outcomes:

1. Knowledge & Understanding
By the end of the study-unit the student will be able to:

- identify similarities and differences in the mediation and ombudsman’s practices;
- appraise the advantages or disadvantages of having both services under the same institutional framework;
- review structure arrangements and service delivery by the Ombudsman institution and other governing bodies;
- determine whether a case should go straight to the Ombudsman or to be referred to a Mediator;
- discuss and research whether an Ombudsman may act as a mediator especially in the light of legislation and the Ombudsman’s code of ethics.

2. Skills
By the end of the study-unit the student will be able to:

- deepen and widen mediation and negotiation skills;
- improve listening skills;
- enhance probing capabilities relating to the cause of the dispute;
- generating and evaluating options for dispute resolution;
- reframe issues within broader contexts;
- search for essential information;
- highlight empirical and behavioural aspects in dispute resolution and carry out reality checks.

Main Text/s and any supplementary readings:

Main Readings
- Boulle, Lawrence, Mediation - Principles, Process, Practice - Third Edition, 2011, Lexis Nexis Australia, ISBN 9780409325775.
- Lawrence J Boulle, Jr. Michael T. Colatrella (Author), Anthony P. Picchioni (Author) Mediation: Skills and Techniques ISBN-13: 978-1422406670 ISBN-10: 1422406679

Supplementary Readings
- Christopher W. Moore, The Mediation Process: Practical Strategies for Resolving Conflict ISBN-13: 978-0787964467 ISBN-10: 0787964468 Edition: 3rd Edition Revised.
- Mary Rowe and Howard Gadlin, The Organizational Ombudsman [Online Publication Date: Apr 2014 DOI: 10.1093/oxfordhb/9780199653676.013.013] Oxford Handbooks Online (www.oxfordhandbooks.com)

 
STUDY-UNIT TYPE Lecture and Independent Study

 
METHOD OF ASSESSMENT
Assessment Component/s Sept. Asst Session Weighting
Assignment 100%

 
LECTURER/S

 

 
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 2025/6. It may be subject to change in subsequent years.

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