1. Communicate complex concepts effectively in a manner appropriate to the audience

Communication. Knowledge, Understanding

2. Observe and maintain the required ethical and professional standards expected of a mediator.

Applocation, Knowledge and Understanding

3. Illustrate the principles of ADR during a problem-solving exercise, employing appropriate techniques to assist with the exploration of resolution options.

Problem solving, Communication, Application

The assessment is designed to assess knowledge of ADR across the legal sector. 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, 2,3). The assessment will require the student to communicate effectively to a lay audience (LO1) having considered how the principles of ADR apply and examining the appliable legislative framework

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 and Family Procedure Rules
The differences between the main types of ADR
The ways of initiating mediation as a form of ADR
The anatomy of a mediation session from the initial dispute / complaint / grievance through to settlement
The relevant legal framework for mediation and professional obligations
Considering the use of agreements in mediation and enforcement issues
The regulation of Mediators and Arbitrators
The future of non-litigious problem solving and the role of the legal profession in ADR.

Access to the court system is increasingly dictated by the need to firstly consider the use of Alternative Dispute Resolution (ADR). In this module you will explore the use of alternative methods of resolving legal conflicts which aim to provide a less time-consuming, cost effective and flexible solution for potential litigants. You will examine the main methods of ADR with a close focus on mediation. You will develop problem solving techniques and use a live legal problem scenarios to attempt to resolve matters between the parties. The skills encountered in this module are transferrable to many employment arenas and graduate opportunities not least those required for legal practice or as a Mediator.

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.

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 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