Undergraduate Module Descriptor

LAW3059: Alternative Dispute Resolution

This module descriptor refers to the 2016/7 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. . 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.

Intended Learning Outcomes (ILOs)

This module's assessment will evaluate your achievement of the ILOs listed here – you will see reference to these ILO numbers in the details of the assessment for this module.

On successfully completing the programme you will be able to:
Module-Specific Skills1. Identify and evaluate the basic concepts and principles governing ADR law, policy, theory and practice,
2. Analyse and discuss current developments in civil legal processes.
3. Evaluate hypothetical situations and advise on the use of different forms of ADR in civil disputes.
4. Compare and contrast the development of ADR in civil disputes in different jurisdictions.
Discipline-Specific Skills5. Use relevant information to understand legal processes and the context in which they operate.
6. Evaluate different methods of resolving disputes in the legal arena
7. Apply understanding of a range of different legal perspectives and theories of justice.
8. Consider the likely practical impact of legal rules and practices and to have some understanding of the broader social, economic and political context in which law is, and could be, used or applied
Personal and Key Skills9. Use both written and oral communication skills in simulated scenarios.
10. Apply library-based research skills in both seminars and assessed work.
11. Demonstrate a practical problem solving approach in role-play situations within a group.
12. Manage time effectively to prepare a coursework essay to a strict deadline.