Module Title: Alternative Dispute Resolution
Brief description of aims and content
This module aims to ensure that students are aware, and understand the potential advantages and disadvantages, of the processes – negotiation, mediation, and arbitration - which are available, as an alternative to adjudication from a court, to settle a dispute. It will, therefore, equip them with the ability to decide on which process to adopt in any particular case; and with the skills which they will require, in order to use these processes in helping their clients.
Having successfully completed the module, students should be able to:
- know and understand how negotiation, mediation, and arbitration work in practice; and how each differs from the other, and from court-adjudication;
- Determine the role of lawyers, clients and, in the case of mediation and arbitration, of the third party facilitator or decision-maker respectively, in each of these processes;
- Plan and prepare effectively and efficiently to represent a client in any negotiation, mediation, or arbitration;
- Explain to clients, clearly accurately, orally, and in writing, how these processes work, and the potential advantages and disadvantages of each to his/her/its case.