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