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INTERNATIONAL COMMERCIAL MEDIATIONThis course involves a study of the various processes available to disputing commercial parties to resolve conflict, with a particular emphasis on the legal and regulatory issues concerning the commercial mediation process.
At the completion of the course, students should be able to:Demonstrate an understanding of the various options available to parties to resolve commercial conflict; Demonstrate an understanding of the legal implications of mediation as a mechanism to settle commercial disputes including the enforcement of agreements to mediate and settlement agreements, the confidentiality of the process; costs sanctions as an instrument to encourage parties to mediate and the legal limits of the process.Demonstrate an understanding of the pertinent regulatory issues relating to the process including the regulation of both lawyers and mediators within the process.Engage with dispute resolution processes in a practical way through a Problem Based Learning (PBL) exercise. Through PBL, students will engage with a commercial dispute similar to the type of dispute experienced in practice, where they will assess the appropriate means of resolution in light of the factual circumstances presented in the case, and outline the possible outcomes should each of the various dispute resolution options be employed. Students will demonstrate their learning from the exercise by completing a reflective narrative/diary, documenting and discussing their experience.
This course will provide students with an opportunity to develop the Graduate Attributes specified below:
Critically competent in a core academic discipline of their award
Students know and can critically evaluate and, where applicable, apply this knowledge to topics/issues within their majoring subject.
Employable, innovative and enterprising
Students will develop key skills and attributes sought by employers that can be used in a range of applications.
Biculturally competent and confident
Students will be aware of and understand the nature of biculturalism in Aotearoa New Zealand, and its relevance to their area of study and/or their degree.
Subject to approval of the Head of Department
Students must attend one activity from each section.
International Commercial Mediation: Law and Regulation in Comparative Context
Cambridge University Press, 2022.
Pre-RequisitesACCT152 or LAWS101 and LAWS110, ACCT252 or LAWS203, ACCT256 or LAWS204
Domestic fee $1,009.00
International Postgraduate fees
* All fees are inclusive of NZ GST or any equivalent overseas tax, and do not include any programme level discount or additional course-related expenses.
This course will not be offered if fewer than 5 people apply to enrol.
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