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) |
| Course type | Online Distance Learning |
Availability | Not available to visiting 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 an increasingly globalised world resorting to courts is not always experienced as a fast and effective way of resolving disputes. The parties may wish to maintain a good working relationship over many years to come, or they may simply not want to commit to a potentially costly, time and resource intensive litigation process with an uncertain outcome. Even more so, if their counterparty is based abroad, the questions of international jurisdiction and enforcement arise and add another layer of difficulty. Alternatively they may be interested in long term projects to preserve cash-flow by finding a fast resolution, even if interim.
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 select 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. Online dispute resolution has been developed both for the unique online setting but also to aid a speedy and cheap resolution of off-line disputes.
This course offers an introduction to a range of dispute resolution mechanisms, their potential application and features and their domestic and international legal framework.
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| Course description |
Session 1: Introduction to dispute resolution methods
Session 2: Arbitration I: the arbitration proceedings
Session 3: Arbitration II: finality of awards and recognition & enforcement of awards
Session 4: Adjudication - construction adjudication
Session 5: Co-operation, conflict and mediation
Session 6: Expert determination
Session 7: Mixed/hybrid and other non-mediation ADR processes
Session 8: Online dispute resolution I: e-commerce and online ODR
Session 9: Back to the real world....Solving offline disputes online?
Session 10: Alternative dispute resolution and virtual worlds
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Entry Requirements (not applicable to Visiting Students)
| Pre-requisites |
|
Co-requisites | |
| Prohibited Combinations | |
Other requirements | Please contact the distance learning team at escript.support@ed.ac.uk |
| Additional Costs | Students should have regular and reliable access to the Internet. |
Course Delivery Information
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| Academic year 2017/18, Not available to visiting students (SS1)
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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 %
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| Additional Information (Assessment) |
One essay of up to 4,000 words (60%); one piece of assessed work (20%); contribution to online discussions (20%).
Requirements for all module assessments will be outlined to students at the start of each semester. |
| Feedback |
Students can expect to receive timely feedback on their assessments. |
| 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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Reading List
| A list of key module readings will be available in advance of the module. Detailed reading lists are then available each week. |
Additional Information
| Course URL |
http://edin.ac/1IMun28 |
| Graduate Attributes and Skills |
Students will develop their skills and abilities in:
1. Research and enquiry, through e.g. selecting and deploying appropriate research techniques;
2. Personal and intellectual autonomy, e.g. developing the ability to independently assess the relevance and importance of primary and secondary sources;
3. Communication, e.g. skills in summarising and communicating information and ideas effectively in written form;
4. Personal effectiveness, e.g. working constructively as a member of an online community;
5. Students will also develop their technical/practical skills, throughout the module, e.g. in articulating, evidencing and sustaining a line of argument, and engaging in a convincing critique of another's arguments.
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| Special Arrangements |
This course is taught by online distance learning. |
| Additional Class Delivery Information |
This course is taught by online distance learning. |
| Keywords | Not entered |
Contacts
| Course organiser | Prof Burkhard Schafer
Tel: (0131 6)50 2035
Email: B.Schafer@ed.ac.uk |
Course secretary | Ms Clare Polson
Tel: (0131 6)51 9704
Email: Clare.Polson@ed.ac.uk |
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