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Module Summary:

This module introduces students to the theory and practice of alternative dispute resolution within the context of an understanding of traditional court-based systems of dispute resolution. The module covers aspects of litigation; the history, theory and development of ADR; negotiation, mediation and the role of legal profession. It offers a cross-cultural perspective, arguing that innovations in dispute resolution in the common law world over the past four decades or so are best understood in the context of a more general understanding of dispute processes. This knowledge is important for both academic analysis and also because it assists lawyers and others to deal with legal problems more creatively and more successfully.

The module first examines the emergent concern in social science and jurisprudential writing with the nature and significance of disputes, and considers the manner in which traditional approaches have been ‘rediscovered’ and utilised in the refurbishment of civil justice through first the ‘access to justice’ movement and then the ‘ADR’ movement. The module also considers the manner in which disputes are characterised, the diverse views located in the debates that surround disputes, the causes of disputes, and the handling of disputes. It introduces the major theoretical approaches to disputes and their resolution.

The module explores in depth the various processes of decision-making relied on in attempts to resolve disputes, examining in particular negotiation, mediation, adjudication, various types of mixed processes, online dispute resolution, and the development of restorative justice in criminal process. By the end of the module, you will have gained an understanding of the theoretical and practical dimensions of dispute resolution, and the groundwork laid for further inquiry into and application of non-adversarial methods and skills in dispute resolution.

Objectives of the module:

By the end of the module, you should gain:

• Knowledge and understanding of the cross cultural issues surrounding the differing processes of dispute resolution
• Understanding of the jurisprudential and social science issues surrounding disputes and dispute resolution
• Knowledge of the core literature relating to the areas studied on the course.

A good background text to prepare for the module is: Brown & Marriott, ADR Principles and Practice (4th edn 2019), or Palmer and Roberts, Dispute Processes (2020).