1. Communicate complex legal concepts effectively in a manner appropriate to the audience.
2. Evaluate the most appropriate method of ADR for a range of disputes recognising the legal and other drivers and constraints for parties in a dispute.
3. Apply ADR as an effective problem-solving technique to a legal problem, analysing issues, and exploring options and potential solutions.

The assessments are designed to assess knowledge of ADR across the legal sector. The presentation will allow students to demonstrate an understanding of the main forms of ADR and the most suitable for any given situation. (LO1/2). The live problem-solving exercise will be centred around a legal dispute that is suitable for mediation and enables students to apply mediation techniques in real time. Students will be required to act as mediator in a specific scenario. (LO1/3). The assessments will require the student to communicate effectively to both professional/academic and lay audiences (LO1).

The module will explore the following issues relating to ADR;
The history and range of ADR
The place of ADR in litigation including in the Civil Procedure rules, Family Procedure Rules
The differences between the types of ADR (Arbitration, Negotiation, Mediation)
An in depth look at the development of modern mediation
Ways of initiating mediation as a form of ADR
The anatomy of a mediation from the initial dispute / complaint / grievance to settlement
The legal framework for mediation and confidentiality
Drafting agreements in mediation and potential problems with enforcement
The regulation of Mediators and Arbitrators
The future of non-litigious problem solving and the role of the legal profession in ADR

In this module you will explore the use of alternative methods of resolving legal conflicts. At a time when access to the court is difficult and often expensive, parties to a complaint need to have affordable and suitable alternatives to traditional complicated and legally complex litigation. You will examine the main methods of ADR (Alternative Dispute Resolution), arbitration and negotiation with a close focus on mediation, its origins, development, use with a practical focus on the process of mediation and the drivers that bring parties to a mediated settlement. The interplay of the Civil Process and initiation of ADR through contract clauses and court stays will enable you to understand its pivotal role and understand why it is an underused method of resolving conflict. The very nature of the topic will review problem solving techniques and use a live legal problem scenario for students to attempt reaching a settlement and agreement between the parties. The skills encountered in this module are transferrable to many employment arenas and graduate opportunities.

The learning strategy for this module is based around students committing a total of¿200 hours of activities towards achieving the learning outcomes. These will be split between 39¿hours of direct contact with a tutor and 161¿hours of directed, guided and self-study, together with preparation for the assessment.¿¿Students are encouraged to spend 6-8 hours per week on reading, preparation for workshops, and consolidation of learning.

Contact will include a mixture¿of¿lectures¿and workshops. Lectures will focus on the history and development of ADR, the interplay of ADR and traditional litigation with application to real life problems. Students will have opportunity in the workshops to explore the benefits and pitfalls of different ADR techniques with reference to case studies and group discussion.

The emphasis of the module will be to have relevance to the legal practitioner and enable carefully considered decisions to be made about the most suitable and relevant ADR for the client.

Examples of activities¿include paired and group work to develop and explore the advantages of arbitration in a commercial dispute compared to mediation in a family dispute and the pitfalls for clients and legal professionals.

The assessment strategy has a practical focus emphasising the application of ADR to scenarios by use of a live problem-solving exercise and presentation to demonstrate knowledge, understanding and application of this evolving area of law.

Beer JE, Packard C and Stief E, The Mediator’s Handbook (4th edn, New Society Publ 2012)

¿Blake S, Browne J and Sime S, A Practical Approach to Alternative Dispute Resolution (5th edn, Oxford University Press 2018)

Other textbooks in this area;

Routledge - Mediation Law –Journey through Institutionalisation to Juridification – Penny Brooker
ISBN 978-0-415-61294-4

Law Brief Publishing – Practical Mediation: a guide for mediators, advocates, advisers, lawyers and students
ISBN 978-1-9-11035-0

Oxford University Press - Legal Systems & Skills: Learn, Develop, Apply (4th edn) - Judith Embley, Peter Goodchild, Catherine Shephard, and Scott Slorach
ISBN-13: 9780198834328

Resources via UKMediation.net
Access to Practical Law Company website and resources