Mediation Advocacy (LAW403)

LAW403 Mediation Advocacy introduces the student to a lawyer’s role in mediation. The mediation process requires lawyers to possess knowledge, skills and attitudes that differ significantly from trial advocacy. With a better understanding of their role in mediation, lawyers will be better placed to serve their clients by getting them the best possible results out of mediation.

• Collaborative problem-solving: 7 elements of interest-based conflict resolution
• Overview of mediation, including community and family mediation
• Modern mediation approaches, including the advocate’s role in mediation
• Deciding case suitability, and the appropriate time and mediator
• Defining your client’s goals, and strategies for the mediation: Preparing your client
• Persuasive case statement and opening statement
• Pre-mediations
• Persuading the other side during mediation
• Managing vindictive emotions
• Culture in mediation
• Mediation legislation and enforcing mediated settlement agreements
• Global developments in mediation

• Distinguish the different conflict resolution mechanisms and the different models of mediation
• Examine the advocates’ role in litigation and in mediation
• Analyse the mediation landscape in Singapore (the institutions and the legal framework)
• Categorize and apply the 7 elements of interest-based conflict resolution
• Assess the suitability of a case for mediation
• Formulate strategies to help clients maximise settlement benefits at a mediation
• Plan and strategize for a mediation session to achieve the best outcomes for the client
• Prepare a case for mediation; including preparation of the client and the case statement
• Demonstrate and use the various mediation advocacy skills in a range of scenarios