Module Catalogue 2024/25

Pre Requisite Comment

N/A

Co Requisite Comment

N/A

Aims

This class is designed to introduce students to key themes and concepts in dispute resolution and conflict studies. It deals with the historical origins (both ancient and more modern) of mediation as a form of Alternative Dispute Resolution and a discussion of where mediation fits within the hierarchy of dispute resolution processes. The class further examines the causes of commercial law disputes before analysing issues relating to dispute prevention, conflict analysis and individual conflict styles and the impact that these preferences may hold for dispute resolution. Finally, the class examines issues in neuroscience that may impact on dispute resolution including errors, biases and fallacies that blight negotiations to resolve conflict.

Outline Of Syllabus

The history and origins of Alternative Dispute Resolution (‘ADR’) including pre-industrial examples and the modern advent of meditation through the ‘Pound Conference’

The hierarchy of different dispute resolution processes including litigation, arbitration, mediation and negotiation, and new and emerging processes such as hybrids and online dispute resolution

The nature and causes of commercial disputes including legal and contractual issues, relationship problems, communication breakdown, extraneous pressures on costs and ability to deliver agreed obligations.

Dispute Prevention

Conflict Analysis

Conflict Styles including cooperative, competitive and compromising approaches

Neuroscience, including a discussion of biases, errors and fallacies that might blight negotiations

The different roles of third parties in resolving disputes (adjudicative/facilitative etc)

Intended Knowledge Outcomes

By the end of this module students should be able to:

Demonstrate a critical understanding of the origins of mediation as a form of Alternative Dispute Resolution

Demonstrate a critical understanding of the hierarchy of dispute resolution methods and where mediation fits within that

Demonstrate a critical understanding of the nature and causes of commercial disputes

Demonstrate a critical understanding of the ways in which disputes can be avoided

Demonstrate a critical understanding of different conflict styles including cooperative, compromising, competitive and evading styles and how these impact upon dispute resolution

Demonstrate a critical understanding of key themes in neuroscience including matters such as errors, biases and fallacies that parties in dispute may engage in and their impact on resolving conflict

Describe the different roles third parties play in the resolution of conflict

Intended Skill Outcomes

By the end of this module students should be able to:

Demonstrate an ability to act independently in planning and undertaking research and reflect meaningfully on his or her own learning, including seeking and making use of feedback.

Demonstrate an advanced level of skill in constructive criticism and analysis by presenting a sustained argument in a well-structured piece of work.

Demonstrate an increased self-awareness as to their own preferred conflict resolution styles as well as the biases and errors they may exhibit in the course of disputes and the steps that can be taken to accommodate these.

Produce electronically submitted coursework in appropriate form and style

Teaching Rationale And Relationship

The methods set out here are based on a combination of approaches. The bulk of the student directed hours are found in the non-synchronous interactive online materials in which there shall be in-built formative feedback, short directed readings and reflective learning. These materials shall be bolstered by synchronous online seminars where specific topics shall be addressed in more detail after student reading designed to instil a deeper understanding in key areas. These seminars shall also help instil a sense of community and interaction between the students. Students shall also be encouraged to engage in online discussion board activity.

Assessment Rationale And Relationship

This class is assessed by a range of different methods. Students shall be awarded 5% on the basis of meeting a designated standard in discussion board engagement. This is to encourage engagement with studies and interaction between the students on an ongoing basis. Sophisticated, multiple choice assessment shall be built into the non-synchronous teaching materials to assess core learning in the module. The main assessment aspect for this module shall be a 3000 research paper which will see to evaluate the students’ abilities to engage critical with a key theme or issue covered in this class. Students shall choose from a number of essay options.

General Notes

N/A