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Mediation and Dispute Resolution

Module description

The use of alternative dispute resolution (ADR) processes, especially mediation, 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 expensive, slow and costly and there are advantages to litigants to consider other means by which to resolve disputes. This module will explore alternative methods to the adversarial legal system of resolving disputes, especially mediation, within the civil justice system and in other wider contexts, as well as considering the use ofmediation processes in criminal law (restorative justice). You will be introduced to the concepts and theories underpinning mediation, and to practical issues in using and applying dispute resolution methods both within and outside the courts.

Module aims - intentions of the module

The module aims to develop your ability to place the arguments for using alternatives to adversarial processes within the broader context of civil law and their more general application in society both within the UK as well as in other jurisdictions. You will analyse the theories underpinning mediation and dispute resolution, and consider more practical and ethical issues in the use of mediation. You will be encouraged to analyse mediation and dispute resolution skills and techniques, and especially various forms of mediation. The topic will be considered from a comparative perspective by focusing on  other jurisdictions as well as England and Wales. You will also take part in role-plays and simulations of different aspects of dispute resolution   that will elucidate how these processes work.

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 tomediation and dispute resolution
• 2. compare, analyse and synthesise the principal rules and theories relating to mediation and dispute resolution

ILO: Discipline-specific skills

On successfully completing the module you will be able to...

• 3. use relevant information to understand and evaluatedispute resolution processes and the contexts in which they operate
• 4. apply understanding of a range of different dispute resolution perspectives and theories of justice

ILO: Personal and key skills

On successfully completing the module you will be able to...

• 5. communicate and engage in debate, in a manner appropriate to the discipline;
• 6. identify, retrieve and use efficiently a range of resources, with some guidance.

Syllabus plan

Whilst the module’s precise content may vary from year to year it is envisaged that the syllabus will cover some or all of the following topics:

• Overview of mediation and dispute resolution
• Different forms of dispute resolution
• Negotiation and negotiation skills
• Mediation and mediation skills
• Different types of mediators
• Mediation in the civil courts
• Mediation and standards
• Mediation and restorative justice and family mediation
• Mediation and dispute resolution  techniques

Learning activities and teaching methods (given in hours of study time)

Details of learning activities and teaching methods

Formative assessment

Summative assessment (% of credit)

Details of summative assessment

Details of re-assessment (where required by referral or deferral)

Indicative learning resources - Basic reading

• S Roberts & M Palmer, Dispute Processes: ADR and the Primary Forms of Decision-Making (Cambridge University Press 2020).

Indicative learning resources - Web based and electronic resources

• ADR Group - http://www.adrgroup.co.uk
• CEDR - http://www.cedr.co.uk
• Chartered Institute of Arbitrators (http://www.arbitrators.org)

Key words search

Law, Dispute, Resolution, Civil Procedures, mediation