SOAS University of London

School of Law

Alternative Dispute Resolution II

Module Code:
15PLAH084
Credits:
15
FHEQ Level:
7
Taught in:
Term 2

The course examines ADR (principally mediation) from a comparative perspective and encourages students to develop historical and cross-cultural perspectives on its practice. The course considers jurisprudential dimensions of the isses alongside insights from the perspective of legal sociology.

This second (half unit) builds on a more practical experince of mediation by examining specifc areas of dispute resolution in greater depth and more critically ( e.g. civil, family, international, and regional contexts). The course covers critiques of informalism and their relevance to civil justice reform and contemporary debates in ADR including the ethical framework in which mediation occurs, the limits of confidentiality and mandatory mediation. This unit provides a critical and regional perspective on how these issues are approached in different jurisdictions. Ethical dilemmas will be approached by way of role plays and simulations

Workload

  • 2 hours seminar per week

Scope and syllabus

MORPHOLOGY OF CONFLICT 

ADR IN A POLITICAL CONTEXT – TRUTH AND RECONCILIATION PROCESSES

CRITIQUES AND PERSPECTIVES OF ADR

MEDIATION IN THE SHADOW OF THE LAW

MEDIATION ETHICS AND ROLE PLAY

HYBRID PROCESSES AND THE ADR SPECTRUM

REGIONAL CONTEXT CHINA AND MIDDLE EAST

REGIONAL CONTEXT INDEPENDENT STUDY

MULTI PARTY DYNAMICS, ROLE PLAY AND DISCUSSION

CONCLUSION ‘ONE GENUS AND MANY SPECIES’

Method of assessment

  • Extended Essay: 100% (3000 words)

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

Important notice regarding changes to programmes and modules