This course gives students a practical introduction to the burgeoning area of alternative dispute resolution (ADR). The course will cover the main areas of ADR namely, arbitration and mediation. Particular attention will be paid to mediation as a form of dispute resolution. Traditionally contract disputes have been resolved either through the government dispute process or through litigation. This diploma course will examine other approaches collectively known as “Alternative Dispute Resolution” overviewing the long history of ADR, the elements of ADR, and its advantages and disadvantages. The three major ADR approaches namely arbitration, mediation, conciliation are each described in terms of their processes, procedures and appropriate uses. The course will address the role of ethics in the use of ADR. It will also consider how to establish an ADR program your work environment and how to build ADR language into legal and business contracts.

Programme Aims and Objectives

This course aims to develop students’ knowledge and understanding of alternative dispute resolution as it is written and enforced. Students will learn how to justify the use of ADR as a means of conflict resolution, evaluate dispute situations to determine if ADR is an appropriate means of resolution and select the appropriate ADR approach for a particular situation. At the end of the programme you will be able to describe the steps required to set up a successful ADR program in the work environment and the ethical issues that pertain to ADR.

Course Content

Module A - Overview of ADR and ADR Approaches

Introduction to ADR

• ADR definition and scope
• History of ADR

Why use ADR

• Advantages and disadvantages
• ADR vs. litigation and expected results
• Current use / popularity of ADR

Disputes appropriate for use of ADR

• ADR approaches, advantages and disadvantages of each, role of lawyers:

• Negotiation
• Mediation
• Arbitration
• Mini-trial
• Other

Selecting the appropriate ADR approach to fit the dispute:

• Starting an ADR program in your work
• Incorporating ADR into contracts
• Ethics in ADR

Module B – ARBITRATION

Regulation and infrastructure of arbitration:

• Delimitation, definition and juridical nature;Institutional and regulatory infrastructure; Constitution, human rights and arbitration; Arbitration and the courts

Arbitration agreement:

• Autonomy, types, and applicable law; Formal and substantive validity; Interpretation of agreements; Drafting arbitration clauses

Arbitration Tribunal:

• Selection and appointment of arbitrators; Rights and duties of arbitrators; Independence and impartiality of arbitrators; Challenge and removal of arbitrators

Investment Arbitration and Specialist Arbitration:

• Arbitration with states and state-owned entities; Arbitration of investment disputes; Specialist and mixed arbitration; Online dispute resolution

Module C - MEDIATION

Core Mediation:

Mediation and the Dynamics of Conflict:

• Your Personal Style of Conflict; Negotiation and Designing the Mediation; Communication Skills for Mediation; Beginning the Mediation; Mediator Neutrality and Issues of Power and Culture; Hidden Interests and Impasses; Final Bargaining and Agreement

Workplace Mediation:

• Mediation and ADR; Entry into Workplace Mediation; Overview of Workplace Mediation Process; Workplace Mediation Skill Sets; Law, Gender, and Workplace Mediation; Mediation and Workplace Discrimination; Cross Cultural and Multi-Party Cases; Culture, Ethics and Mentorship

Divorce and Child Custody Mediation:

• Mediation and ADR; Family Dynamics and Conflict; The Family Mediation Process; Mediating Parenting Plans; Asset Division, Negotiation, Impasses, and Power; Working with Children in Mediation; Special Issues; The Legal Process and Standards of Practice

Module D – CONCLUSIONS – OTHER FORMS OF ADR

• Conciliation
• Mini-Trials
• Negotiation

Assessment

To be awarded the Diploma in Alternative Dispute Resolution a student will be required to complete a written assignment (100%).