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CCDD002 Alternative Dispute Resolution

  • Run: Yearly
  • Rating: 45 credits
  • Assessment:
    Small essay x 3 (max 2,000 words – 15% each); Practical Exercises x 2 – (10% each)
    Final essay (min 3,500; max 5000 words – 35%)
  • Module convenor: Dr Tetiana Kyselova

Module outline:

The course is divided in three parts:

  • Part I: “Overview of ADR Processes” will give a general understanding of the ADR movement and ADR processes, in particular negotiation and mediation. It will not deal with arbitration per se; instead arbitration will be contrasted with other ADR processes.
  • Part  II: “Institutional Framework of ADR” will cover areas where ADR interacts with society, state and law.
  • Part  III: “Practical Applications” will focus on ADR in different jurisdictions, and on knowledge and practical skills necessary to represent a client in mediation.

Learning outcomes:

  • Knowledge: The purpose of this module is to familiarise you with a wide range of dispute resolution processes alternative to conventional forms of adjudication known under the broad but imprecise label of Alternative Dispute Resolution (ADR). This is an academic course designed to put an ADR into the broad socio-legal context and to discuss mutual impact of ADR and society. The pull of knowledge provided by this module is far more extensive that any practical training course currently offers.
  • Skills: Although the module is academically oriented we will have a brief introduction into the major practical concepts/tools and a simulated negotiation exercise to give you some flavour of real ADR. If you are interested in mastering mediation and negotiation skills you should take specially designed training courses by an ADR provider to be certified as mediator.
  • Attitudes: The goal of this module is not to persuade you of an inherited superiority of ADR over the traditional court system or settlement. Rather, it is to form your own attitude so that you can select and employ the most effective, just, and humane methods of dispute resolution.

Preliminary reading

Palmer and Roberts: Dispute processes: ADR and the primary forms of decision making (book is supplied when you join the programme)

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