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.

4. Conduct independent in-depth legal research into methods of ADR utilising a range of primary and secondary sources to support a cogent and evidenced discussion.

The first element of assessment is a Blog. This reflects the importance of Arbitration or Mediation to everyone’s lives as an alternative means of dispute resolution. Therefore, students will present a contemporary discussion relating to arbitration or mediation to a non-specialist audience in the form of a blog piece. This blog will examine Learning Outcomes 1 and 4.

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. (LO2 and LO3). The assessments will require the student to communicate effectively to both professional/academic and lay audiences (LO1).

The aim of this module is to provide students with an understanding and application of the key practices and rules relating to Arbitration and Mediation. This would require an in-depth knowledge on the following:

- The Arbitration Agreement
- Arbitration Procedure
- Arbitrability
- Jurisdiction and Interim reliefs
- Recognition and Enforcement of Arbitral Awards
- Mediation and Culture
- The role of a mediator
- The procedure of mediation
- Conversation management
- Drafting agreement in Mediation
- Enforcement of Mediation Agreements

This module is designed to offer comparative analysis of both arbitration and practice of mediation at international level. It aims to explore the theoretical, practical and ethical problems relating to international commercial arbitration and mediation. In addition, the sessions concentrate on practical mediation exercises in an international commercial context covering the entire procedure, from advising the client on the use of mediation, through the actual procedure itself, through to drafting settlement agreements. Students will develop a systematic understanding of the role of the mediator in international commercial disputes and will focus on the necessary skills and techniques of a successful mediation through role play exercises. Successful completion of this module can also provide a stepping stone for students to become involved in international alternative dispute resolution (ADR).

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. This 20-credit module will be delivered through 9 interactive lectures and 3 seminars, each of 3 hours duration. Three 3-hour seminars will be held on the 4th, 8th and 12th week for a total of 9 seminar hours.

Lectures will focus on international commercial arbitration and mediation. In the seminars, students will have opportunity to have role play exercises on practices in mediation with application to real life scenarios.

The emphasis of the module will be to have relevance to the legal practitioner and enable carefully considered decisions to be made for their clients.

Students will be required to participate in a range of learning opportunities which promote construction of knowledge through problem-based learning. Examples of activities include role plays, group discussions, oral and written submissions relating to the application of relevant legal provisions.

The assessment strategy has a practical focus emphasising the application of ADR to scenarios by use of a live problem-solving exercise and a blog 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, OUP 2018)
- O’Sullivan, G. The mediator’s Toolkit: Formulating and asking questions for successful outcomes (New Society Publishers 2018)
- Shepherd, E.T. and Griffiths, A. Investigative Interviewing: The Conversation Management Approach (2nd edn, OUP 2013)

Legal databases:
- Westlaw and Staffordshire university online library

International Conventions and Instruments:
- The New York Convention 1958
- The Singapore Convention on Mediation 2019