Browse Hierarchy SOLM040: Alternative Dispute Resolution: Theory and Context

The module will seek to provide an understanding of the various dispute resolution processes available to parties in dispute, and to understand the necessity of considering the process which best suits the dispute. The module will cover such topics as the nature of conflict, the emergence of disputes, the history of the ADR movement with its attendant debate between informalism and formalism, the adjudication process, the nature of negotiation and their strategies, the mediation process and approaches, the continuum of dispute resolution processes, the relationship between ADR and institutes such as courts, the English Courts and within the EU. ADR is a vibrant area of scholarship; it is impossible to give 'yes' or 'no' answers to most of the issues arising in scholarship. Therefore the module will employ a critical thinking and open discussion approach. It is expected that students will be willing to share the results of their analysis, research and supported opinions,and be involved in active discussion of all issues.