module specification

This module provides a comprehensive and critical introduction to the theory and practice of Alternative Dispute Resolution (ADR). In a legal system increasingly focused on avoiding the cost, delay, and adversarial nature of litigation, a thorough understanding of ADR is essential for the modern lawyer. This knowledge is not merely academic but a core professional competency. The Solicitors Regulation Authority (SRA) requires solicitors to provide clients with information about whether ADR would best serve their interests, while the Bar Standards Board (BSB) places a duty on barristers to advise their clients on the availability of ADR. This module, therefore, directly equips you with the critical knowledge and practical skills demanded by the standards governing the legal profession.

You will explore the spectrum of dispute resolution processes, with a primary focus on the 'big three': negotiation, mediation, and arbitration. The module examines the legal and theoretical frameworks underpinning these processes, their practical application in various contexts (such as commercial and family disputes), and the procedural rules that govern them. You will move beyond theory to develop your own practical skills in communication, problem-solving, and conflict management through interactive workshops and simulations.

The aims of the module are:

• You will acquire a systematic understanding of the legal principles, procedural rules, and theoretical concepts that define negotiation, mediation, and arbitration.

• You will develop practical skills in dispute resolution through experiential workshops and reflective practice, building your confidence and self-efficacy in handling conflict.

• You will critically evaluate the role of ADR in modern society, analysing its relationship with the formal justice system and its potential to enhance or impede access to justice, in line with the Accessibility aims of the ESJ Framework.

• You will examine power dynamics, cultural differences, and potential biases within ADR processes, developing a critical consciousness about how law and legal practice can perpetuate or challenge social inequality, reflecting the Critical Theory and Pedagogy aims of the ESJ Framework.

• You will reflect on your own values, communication style, and identity as a developing legal professional, creating a safe space to grow personally and professionally in accordance with the Identity, Personalisation and Reflection aims of the ESJ Framework.

• This module supports graduate opportunity and employability by giving you key knowledge of a subject which is practised within the professional legal sector; and by giving you a host of transferable skills, including research, critical thinking and communication.

This module combines theoretical inquiry with practical application. You will begin by exploring the nature of conflict and the spectrum of dispute resolution processes, from negotiation to litigation. The syllabus then dedicates several weeks to an in-depth study of Negotiation, covering distributive and integrative approaches, key strategies, and the psychology of bargaining. Following this, you will focus on Mediation, examining the role and ethics of the mediator, different mediation models, and the legal status of mediated agreements. The final core topic is Arbitration, where you will analyse the principles of the Arbitration Act 1996, the arbitral process, and the enforcement of awards. Throughout the module, we will engage with cross-cutting themes, including power imbalances in ADR, online dispute resolution (ODR), intercultural dispute resolution, and feminist critiques of ADR, ensuring a critical engagement with the subject matter.

You will also have repeated opportunities to engage in workshops and simulations related to each of the big three ADR methods.

All these subjects pervade each of the Learning Outcomes 1, 2 and 3.

Learning & Teaching Strategy

Weekly two-hour lecture and one-hour seminar.
The lecture will be used for:
• Dissemination of knowledge through an overview of each topic with detailed guidance on appropriate aspects;
• An introduction to relevant academic literature;
• Guidance on learning strategies;
• Use of WebLearn and IT resources;
• Whole group questions and discussion.

The seminar will be used for the development of skills necessary to attain the module learning outcomes through:
• Written and oral questions/answers designed to reinforce fundamental rules, principles and cases;
• A range of step-by-step analytical exercises;
• Problem solving;
• IT tasks, such as research of cases and statutes;
• Legal writing;
• Oral presentation;
• Oral communication;
• Teamwork.

Blended Learning
All learning materials, previous examination questions and sample Q/A’s will be on blackboard for use in directed private study.

Student engagement will be encouraged in both lectures and seminars through weekly use of WebLearn for access to all of the above materials.

There will be required use of the professional legal databases, especially Westlaw and Lexis Plus, for legal research.

Opportunities for reflective learning/pdp
Each weekly seminar will contain space for students to reflect on what they have learnt in relation to the overall syllabus. There will be frequent feedback opportunities structured into the timetable and a range of sample answers posted onto WebLearn.

Employability
Employability strategy will aim to acquaint students with a range of employment avenues both in the legal profession and in those professions into which legal qualifications and skills are transferable.

Student’s Study Responsibilities
The need for attendance, punctuality, preparation and engagement will be emphasised with particular reference to written and IT research, problem-solving, team-work, discussion, debate and critical awareness of the subject.

On successful completion of this module, you will be able to:

1. Identify and explain the key features, legal frameworks, and theoretical underpinnings of negotiation, mediation, and arbitration.
2. Analyse complex dispute scenarios and advise on the suitability of different ADR processes.
3. Apply core negotiation and mediation skills and principles within a simulated dispute resolution context.

https://rl.talis.com/3/londonmet/lists/63F01534-03D2-287E-7BB4-08287ED661DF.html

CORE
Mediation and other forms of Alternative Dispute Resolution, by Michael Bartlet, 2024

DATABASES
Westlaw Edge UK
Lexis+ UK