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LW2ADR-Alternative Dispute Resolution
Module Provider: School of Law
Number of credits: 20 [10 ECTS credits]
Level:5
Terms in which taught: Autumn / Spring term module
Pre-requisites:
Non-modular pre-requisites:
Co-requisites:
Modules excluded:
Current from: 2023/4
Module Convenor: Prof Anne Vergis
Email: a.vergis@reading.edu.my
Type of module:
Summary module description:
This module is only available to students in Malaysia.
To introduce students the different kinds of dispute resolution mechanisms, its history and the importance of its enactment.
Aims:
This module aims to provide students with a better understanding of the various dispute resolution methods that are “alternative” to traditional methods on both a practical and a theoretical level and to equip students with negotiation and mediation skills which are key ingredients in becoming an effective advocate.
Assessable learning outcomes:
By the end of the module it is expected that students will be able to demonstrate:
- An in-depth theoretical and practical knowledge of the various alternative dispute resolutions and the concepts and processes surrounding it.
- Skills, procedures, techniques, and characteristics needed to engage in the various forms of alternative dispute resolution.
- The knowledge to recognize specific issues and concerns within ADR, such as gender, power, and culture, and be aware of the impact of these issues on the process, the client, the practitioner, and the appropriateness of ADR.
- The ability to consider conflict and conflict resolution in a different way—one that properly serves clients and contributes to a fair justice system and a safe community.
- An understanding of the foundational and historical aspects of conventional dispute resolution methods undertaken in the research and explain how alternative dispute resolution mechanisms have evolved based on the economic, social, cultural, commercial and political framework as well as its application in the society.
Additional outcomes:
Outline content:
- Evolution of a Dispute & History of ADR
- Key Concepts in Dispute Resolution & The ADR landscape
- Theories of Negotiation
- Skills and Practices in Negotiation
- Nature & Process of Mediation
- Role and skills of the Mediator
- Role of Lawyers in Mediation
- Legal Issues in mediation
- Ethics & Values
- The nature of Arbitration
- Appointment, Powers & removal of an Arbitrator
- Skills and Ethics in Arbitration
- Barriers to Development of ADR
Brief description of teaching and learning methods:
This module will be taught by lectures and tutorials predominantly in the Autumn and Spring terms.
| Autumn | Spring | Summer | |
| Lectures | 20 | 20 | |
| Seminars | 10 | 10 | |
| Guided independent study: | |||
| Wider reading (independent) | 10 | 10 | |
| Wider reading (directed) | 10 | 10 | |
| Exam revision/preparation | 20 | ||
| Preparation for seminars | 10 | 10 | |
| Completion of formative assessment tasks | 10 | 10 | |
| Essay preparation | 20 | ||
| Reflection | 10 | 10 | |
| Total hours by term | 80 | 100 | 20 |
| Total hours for module | 200 |
| Method | Percentage |
| Written exam | 50 |
| Written assignment including essay | 50 |
Summative assessment- Examinations:
One two-hour examination paper where students will be required to write 3 answers from a choice of questions.
Summative assessment- Coursework and in-class tests:
Students will be expected to submit one piece of written work of not more than 7 pages, formatted in accordance with the rules as set out in the School Guide (Programme Assessment) Assessed Work Rules as set out in the Law School Guide and LLB Programme Handbook.
Formative assessment methods:
Tutorials (Non Assessed) – Tutorial questions are given to students in advance and students are required to come prepared for a discussion (please refer to Tutorial Guide). During these discussions, students’ knowledge and understanding of the law will be monitored, feedback given and required subject related skills will be taught and emphasised.
Penalties for late submission:
The Support Centres will apply the following penalties for work submitted late:
- where the piece of work is submitted after the original deadline (or any formally agreed extension to the deadline): 10% of the total marks available for that piece of work will be deducted from the mark for each working day (or part thereof) following the deadline up to a total of five working days;
- where the piece of work is submitted more than five working days after the original deadline (or any formally agreed extension to the deadline): a mark of zero will be recorded.
You are strongly advised to ensure that coursework is submitted by the relevant deadline. You should note that it is advisable to submit work in an unfinished state rather than to fail to submit any work.
Assessment requirements for a pass:
40%
Reassessment arrangements:
Re-examination and/or submission of a new piece of coursework. Only a failed element need to be re-taken; a mark for the passed element can be carried forward.
Additional Costs (specified where applicable):
1) Required text books:
2) Specialist equipment or materials:
3) Specialist clothing, footwear or headgear:
4) Printing and binding:
5) Computers and devices with a particular specification:
6) Travel, accommodation and subsistence:
Last updated: 30 March 2023
THE INFORMATION CONTAINED IN THIS MODULE DESCRIPTION DOES NOT FORM ANY PART OF A STUDENT'S CONTRACT.