SOAS University of London

School of Law

Alternative Dispute Resolution I

Module Code:
15PLAH083
Credits:
15
FHEQ Level:
7
Year of study:
Any
Taught in:
Term 1

The course approaches the development of ADR (principally mediation) from both a practical and historical perspective and examines the processes of negotiation and mediation within the ADR spectrum. This first half-unit examines the professional practice of ADR from the point of view of the disputants and others whose interests may be affected by disputes. The course starts with an examination of the nature and processs of negotiaiton and builds on this to examine the way that 3rd party facilitation changes the these processes and the ways in which the style and form of mediation vary according to legal context.

This first (half) unit introduces students to the processes and principles of dispute resolution and civil justice reform including: debates surrounding informal justice and the role of courts; typologies of dispute process; negotiation; mediation; adjudication and its variant forms; hybrid forms;  and the role of lawyers in dispute resolution. Practical mediation skills will be developed by way of role plays and simulations

Workload

  • 2 hours seminar per week

Scope and syllabus

INTRODUCTION AND HISTORICAL BACKGROUND

THEORY OF NEGOTIATION

GAME THEORY AND ROLE PLAY AND DISCUSSION

PHILOSOPHY AND PSYCHOLOGY OF MEDIATION   

COMMUNITY MEDIATION

COMMUNITY MEDIATION ROLE PLAY AND DISCUSSION

CIVIL MEDIATION

CIVIL MEDIATION ROLE PLAY AND DISCUSSION

FAMILY MEDIATION

RESTORATIVE JUSTICE

Method of assessment

  • Course journal reflecting on ADR study: 80% (3000 words)
  • Performance of role play: 20%

Suggested reading

Simon Roberts and Michael Palmer, Dispute Processes, ADR and the Primary Forms of Decision-making, (2005) 2nd Ed, Cambridge University Press,

Henry Brown and Arthur Marriott, ADR:Principles and Pratice, (2011) 3rd Edition, Sweeet & Maxwell

Disclaimer

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