Alternative Dispute Resolution
| Module title | Alternative Dispute Resolution |
|---|---|
| Module code | LAW3059 |
| Academic year | 2020/1 |
| Credits | 15 |
| Module staff | Professor Sue Prince (Convenor) |
| Duration: Term | 1 | 2 | 3 |
|---|---|---|---|
| Duration: Weeks | 11 |
| Number students taking module (anticipated) | 80 |
|---|
Module description
This module will introduce you to alternative methods of resolving disputes to the adversarial legal system, especially mediation within the civil justice system, criminal law, family law, and in other wider contexts. You will be introduced to the concepts and theories underpinning alternative dispute resolution (ADR) processes and to practical issues in using and applying mediation and other methods of ADR both within and outside the courts. The module aims to develop your ability to place the arguments for using alternatives to adversarial processes within the broader context of dispute resolution and the more general application of such tools in society both within the UK as well as in other jurisdictions.
There are no pre-requisites for this module but it would be useful for students anticipating taking this module to read generally about civil justice issues in line with the teaching in Legal Foundations on this subject. This module is particularly recommended for interdisciplinary pathways.
Module aims - intentions of the module
The use of alternative dispute resolution (ADR) processes in the civil justice system has grown rapidly since the introduction of the Civil Procedure Rules 1998. This is because it is recognised that litigation is often not the most appropriate method of resolving disputes and there are advantages to litigants to consider, for example, the use of mediation. Outside of civil justice mediation now forms a compulsory element of family law and restorative justice tools are increasingly popular in the field of criminal law.. This module focuses on alternative methods of resolving disputes with a focus on mediation which is currently the most popular form of ADR used in legal disputes. Mediation is a process which encourages parties to think creatively about the settlement of disputes. This module will analyse the theory underpinning different types of ADR and especially mediation. It will also consider more practical and ethical issues in the use of mediation in various areas of law. Students will be encouraged to look at mediation from a comparative perspective by considering how and why it is used differently in other jurisdictions e.g. United States. There will be also a focus on the skills required to be a mediator and role-plays and simulations of different aspects of the mediation process which will elucidate how the mediation process works. Students are encouraged to think about how mediation can be used innovatively to respond to policy challenges through researching particular examples of practice.
Intended Learning Outcomes (ILOs)
ILO: Module-specific skills
On successfully completing the module you will be able to...
- 1. Critically evaluate the main legal institutions and procedures relevant to ADR
- 2. Compare, analyse and synthesise the principal rules and theories relating to ADR
ILO: Discipline-specific skills
On successfully completing the module you will be able to...
- 3. Apply legal knowledge to a problem/ case study and to suggest a conclusion supported by relevant arguments
- 4. Integrate and assess information from primary and secondary legal sources using appropriate interpretative techniques
ILO: Personal and key skills
On successfully completing the module you will be able to...
- 5. communicate and engage in debate effectively and accurately, orally and in writing, in a manner appropriate to the discipline/ different contexts
- 6. identify, retrieve and use efficiently a range of library-based and electronic resources with minimum guidance
Syllabus plan
The module is divided into 4 units that inter-relate:
Unit 1 – Civil Justice and Mediation
Unit 2 – Restorative Justice
Unit 3 – Family Mediation
Unit 4 - Online Dispute Resolution
Learning activities and teaching methods (given in hours of study time)
| Scheduled Learning and Teaching Activities | Guided independent study | Placement / study abroad |
|---|---|---|
| 26.5 | 123.5 |
Details of learning activities and teaching methods
| Category | Hours of study time | Description |
|---|---|---|
| Scheduled learning and teaching activities | 22 | 11 x 2 hour Interactive lectures and simulated activities |
| Scheduled learning and teaching activities | 4.5 | 3 x 1.5 hour Seminars to focus on structured student presentations on issues raised in interactive lectures. |
| Guided independent study | 57 | Individual reading and lecture preparation |
| Guided independent study | 19.5 | Workshop Preparation |
| Guided independent study | 40 | Assessment Preparation |
| Guided independent study | 7 | Formative Assessment |
Formative assessment
| Form of assessment | Size of the assessment (eg length / duration) | ILOs assessed | Feedback method |
|---|---|---|---|
| Plan for final assignment | 700 words | 1 6, 8 | Oral and written |
Summative assessment (% of credit)
| Coursework | Written exams | Practical exams |
|---|---|---|
| 90 | 0 | 10 |
Details of summative assessment
| Form of assessment | % of credit | Size of the assessment (eg length / duration) | ILOs assessed | Feedback method |
|---|---|---|---|---|
| Class contribution | 10 | Contribution through attendance and contribution in class | 1 - 8 | Oral |
| Policy Report | 90 | 2,500 words | 1-8 | Written feedback and oral on request |
Details of re-assessment (where required by referral or deferral)
| Original form of assessment | Form of re-assessment | ILOs re-assessed | Timescale for re-assessment |
|---|---|---|---|
| Class contribution | Audio or video recording of presentation | 1 - 8 | August/September reassessment period |
| Policy Report | Policy Report (2,500 words) | 1 - 8 | August/September reassessment period |
Indicative learning resources - Basic reading
A Practical Approach to Alternative Dispute Resolution Blake Brown & Sime (2018)
| Credit value | 15 |
|---|---|
| Module ECTS | 7.5 |
| Module co-requisites | None |
| NQF level (module) | 5 |
| Available as distance learning? | No |
| Origin date | March 2012 |
| Last revision date | 01/11/2018 |
