Postgraduate Course: Dispute Resolution Methods (LAWS11270)
|School||School of Law
||College||College of Arts, Humanities and Social Sciences
|Credit level (Normal year taken)||SCQF Level 11 (Postgraduate)
|Course type||Online Distance Learning
||Availability||Not available to visiting students
|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.
Week 1: Introduction to dispute resolution methods
Week 2: Arbitration I: the arbitration proceedings
Week 3: Arbitration II: finality of awards and recognition & enforcement of awards
Week 4: Adjudication - construction adjudication
Week 5: Mediation and Negotiation
Week 6: Expert determination
Week 7: Mixed/hybrid and other non-mediation ADR processes
Week 8: Online dispute resolution I: e-commerce and online ODR
Week 9: Online dispute resolution II: computer assisted ODR - solving offline disputes online
Week 10: Escalation clauses (multi-tier dispute resolution clauses)
Entry Requirements (not applicable to Visiting Students)
||Other requirements|| Please contact the online learning team at email@example.com
|Additional Costs|| Students should have regular and reliable access to the Internet.
Course Delivery Information
|Academic year 2022/23, Not available to visiting students (SS1)
|Learning and Teaching activities (Further Info)
Seminar/Tutorial Hours 40,
Programme Level Learning and Teaching Hours 4,
Directed Learning and Independent Learning Hours
|Assessment (Further Info)
|Additional Information (Assessment)
||One essay of up to 4,000 words (70%) and one discussion portfolio (30%).
Requirements for all module assessments will be outlined to students at the start of each semester.
||Students will have the opportunity to obtain formative feedback over the course of the semester. The feedback provided will assist students in their preparation for the summative assessment.
Details of the School's feedback policy will be available at the start of the course.
|No Exam Information
On completion of this course, the student will be able to:
- Understand the domestic and international legal instruments used to regulate and deliver dispute resolution.
- Possess a firm substantive and practical understanding of dispute resolution methods.
- Possess written skills, including the clear succinct expression of ideas.
- Possess developed research skills and techniques in the field of international arbitration.
|A detailed list of key resources will be available at the start of the course. |
There is no set textbook for the course. Instead, the reading consists of cases, articles and book chapters available online.
|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 course, e.g. in articulating, evidencing and sustaining a line of argument, and engaging in a convincing critique of another's arguments.
||This course is taught by online learning.
|Additional Class Delivery Information
||This course is taught by online learning.
|Keywords||Dispute resolution methods; alternative dispute resolution,online dispute resolution
|Course organiser||Prof Burkhard Schafer
Tel: (0131 6)50 2035
|Course secretary||Ms Clare Polson
Tel: (0131 6)51 9704