Legal Framework of Mediation
General Information
Estimated learning time
Learning objectives
Teaching blocks
Official assessment of learning outcomes
Reading and study resources
General Information
| Course unit name | Legal Framework of Mediation |
| Course unit code | 570809 |
| Academic year | 2024/2025 |
| Coordinator | Isabel Viola Demestre |
| Department | Department of Private Law |
| Credits | 5 |
| Single program | S |
Estimated learning time
| Activities | Type of training | Hours | Observations |
|---|---|---|---|
| Face-to-face and/or online activities | 50 | ||
| - Lecture with practical component | Face-to-face | 40 | |
| - Group tutorial | Face-to-face | 10 | |
| Supervised project | 35 | ||
| Independent learning | 40 |
Teaching blocks
1 The law: legal context
2 Concept, purpose and legal principles of mediation
3 The scope of mediation and the disputants. The power to veto a compromise or concession in cases of gender violence.
4 Legal aspects of mediation proceedings
5 Online dispute resolution
Official assessment of learning outcomes
Prior considerations
Any test or assessed assignment in which written or electronic material has been copied or plagiarised will be considered an irregularity, and as such will be given the mark 0 (see Article 11.7 and the Appendix of the UB’s Regulations governing course plans for subjects and the assessment and marking of learning outcomes).
Continuous assessment
The default system of evaluation for this course is continuous (formative) assessment. Students wishing to opt for the single (summative) system of assessment must apply for this in writing.
Note that 40% of the final mark comes from the student’s performance of activities and exercises during the course. The other 60% comes from an end-of-course examination.
Activities
— Activity 1: a class discussion of a text followed by a task to be completed in hours of independent study and uploaded to the UB’s Virtual Campus (20% of the final mark).
— Activity 2: a task on the subject of mediation which students write individually and then uploaded to the UB’s Virtual Campus (20% of the final mark).
— An end-of-course examination: a series of open- and closed-ended questions on the theory and practice of mediation (60% of the final mark).
The grade Distinction ("Matrícula d’honor"). The grade Distinction is awarded when a student scores an average mark of 9 in the three evaluable activities and whose mastery of technical and legal language and outstanding effort accredit their high level of competence. The student in question may also be required to sit an oral examination.
Repeat assessment
Students need to have sat the first call and completed all the activities to be eligible for the repeat assessment. The repeat assessment consists of a written examination in which the students answer questions on theory and practice and write a critical analysis of the social and legal aspects of an article provided by the course teachers.
Prior considerations
Any test or assessed assignment in which written or electronic material has been copied or plagiarised will be considered an irregularity, and as such will be given the mark 0 (see Article 11.7 and the Appendix of the UB’s Regulations governing course plans for subjects and the assessment and marking of learning outcomes).
Single assessment
Students who cannot attend the course under normal circumstances may opt for the single (summative) system of assessment by filling out and submitting an application form on the first day of class.
In the single assessment, students sit a written examination with open- and closed-ended questions and write a critical analysis of the social and legal aspects of an article provided by the course teachers.
The grade Distinction ("Matrícula d’honor"). The grade Distinction is awarded when a student scores an average mark of 9 in the three evaluable activities and whose mastery of technical and legal language and outstanding effort accredit their high level of competence. The student in question may also be required to sit an oral examination.
Repeat assessment
Students need to have sat the first call to be eligible for the repeat assessment. In the repeat assessment, the students sit a written examination in which they answer five questions on the course theory and write a critical analysis of the legal aspects of an article provided by the course teachers.
Reading and study resources
Casanovas, P.; Magre, J.; Lauroba, M. E. (dirs): Llibre blanc de la mediació a Catalunya, Huygens, Generalitat de Catalunya, Barcelona, 2010.
This work examines current directions in mediation in Catalonia and includes a focus on institutional development.
ON-LINE
García Villaluenga, L.; Rogel, C. (dirs.): Mediación en asuntos civiles y mercantiles. Comentarios a la Ley 5/2012, Editorial Reus, 2012.
Fourteen authors analyse developments in mediation at a national level, focusing on its uses in civil and commercial matters.
0701809293
Lauroba, M. E., et altri (eds.): Materials jurídics del Llibre blanc de la mediació a Catalunya, Generalitat de Catalunya, Barcelona, 2011.
This book contains preparatory writings for the "White Paper on Mediation in Catalonia", focusing on institutional development and comparative law.
0701809459
Soleto, H. (Dir.): Mediación y resolución de conflictos. Técnicas y ámbitos, Tecnos, Madrid, 2017.
Some 30 authors analyse different aspects of mediation, from the various techniques and strategies it uses to the growing presence of online dispute resolution.
0701809332
Vidal, A.; Munné, F.: La mediación. Resolución pacífica de conflictos. Régimen jurídico y eficacia procesal, La Ley, Madrid, 2013.
This book analyses the various ways in which mediation ties in to jurisdictional procedures and also examines the mediator’s contribution as a behavioural model, mediation institutions, the Code of Conduct for the Members of the European Commission and finally the powers, limits, prohibitions and civil liabilities of the mediator.
0701809430