Postgraduate Course: Dispute Resolution Methods (LAWS11270)
Course Outline
| School | School of Law |
College | College of Humanities and Social Science |
| Credit level (Normal year taken) | SCQF Level 11 (Postgraduate) |
Availability | Available to all students |
| SCQF Credits | 20 |
ECTS Credits | 10 |
| Summary | This course will offer a unique and practical introduction to dispute resolution methods and will equip students with both theoretical and practical understandings of a topic of growing domestic and international significance.
In response to the need for cost-efficient, timely and appropriate dispute resolution, several methods have been developed taking proceedings outside the usual setting of the courtroom. Parties and their advisers ought to be aware of the array of dispute resolution mechanisms, their potential application and features in order to be able to elect the tool best suited to their needs. Certain industries, such as the construction industry, use tools, specifically developed to cater for the particularities and needs of the industry.
The European Mediation Directive has provided momentum for states to consider and regulate alternative forms of dispute resolution. For example, the 2011 Consultation on the Creation of a Scottish Civil Justice Council, outlines that the suggested institution ought to: 'consider how to make the civil justice system more accessible, fair and efficient and to also consider broader issues of dispute resolution and avoidance, for example how best to develop mediation'.
This module will explore and explain the current range of methods deployed in dispute resolution against the domestic and international legal framework.
Aims & objectives:-
Through the use of case studies and primary and secondary literature, the course aims to:
o Introduce to the various forms of dispute resolution methods and analyse their place in modern society;
o Consider and analyse the relevant laws and rules relating to each of these mechanisms;
o Explore some of the pertinent practical issues relating to these mechanisms.
List of sessions
1. Arbitration I: the arbitration proceedings
2. Arbitration II: finality of awards and recognition & enforcement of
awards
3. Adjudication - construction adjudication
4. Mediation
5. Expert determination
6. Mixed approaches
7. Online dispute resolution I: e-commerce and online ODR
8. Online dispute resolution II: virtual worlds and computer assisted ODR
9. Back to the real world? : Computer assisted ODR - solving offline
disputes online?
10. Contemporary issues
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| Course description |
Not entered
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Entry Requirements (not applicable to Visiting Students)
| Pre-requisites |
|
Co-requisites | |
| Prohibited Combinations | |
Other requirements | None |
| Additional Costs | Students should have regular and reliable access to the Internet. Print consumables are recommended to provide hard copy of some on materials. |
Information for Visiting Students
| Pre-requisites | None |
Course Delivery Information
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| Academic year 2014/15, Available to all students (SV1)
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Quota: None |
| Course Start |
Semester 2 |
Timetable |
Timetable |
| Learning and Teaching activities (Further Info) |
Total Hours:
200
(
Seminar/Tutorial Hours 40,
Programme Level Learning and Teaching Hours 4,
Directed Learning and Independent Learning Hours
156 )
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| Assessment (Further Info) |
Written Exam
0 %,
Coursework
100 %,
Practical Exam
0 %
|
| Additional Information (Assessment) |
One essay of up to 4,000 words (60%); one piece of assessed work (20%); contribution to online discussions (20%). |
| Feedback |
Not entered |
| No Exam Information |
Learning Outcomes
On completion of this course, the student will be able to:
- A sound understanding of the domestic and international legal instruments used to regulate and deliver dispute resolution.
- A firm substantive and practical understanding of dispute resolution methods.
- Developed written and oral skills, including the clear succinct expression of ideas.
- Developed research skills and techniques in the field of international arbitration.
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Contacts
| Course organiser | Dr Simone Lamont-Black
Tel: (0131 6)50 2060
Email: simone.lamont-black@ed.ac.uk |
Course secretary | Mr Douglas Thompson
Tel: (0131 6)50 2022
Email: D.Thompson@ed.ac.uk |
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© Copyright 2014 The University of Edinburgh - 12 January 2015 4:16 am
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