Module LAW3059 for 2019/0
- Overview
- Aims and Learning Outcomes
- Module Content
- Indicative Reading List
- Assessment
Undergraduate Module Descriptor
LAW3059: Alternative Dispute Resolution
This module descriptor refers to the 2019/0 academic year.
Module Aims
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.
| On successfully completing the programme you will be able to: | |
|---|---|
| Module-Specific Skills | 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 |
| Discipline-Specific Skills | 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 |
| Personal and Key Skills | 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 |
