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DEGREE REGULATIONS & PROGRAMMES OF STUDY 2017/2018

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DRPS : Course Catalogue : School of Law : Law

Postgraduate Course: Dispute resolution methods (5-credit) (LAWS11279)

Course Outline
SchoolSchool of Law CollegeCollege of Humanities and Social Science
Credit level (Normal year taken)SCQF Level 11 (Postgraduate) AvailabilityAvailable to all students
SCQF Credits5 ECTS Credits2.5
SummaryThis 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.
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

Credits from this course can be utilised towards further study on a relevant postgraduate programme at the University of Edinburgh, or at other institutions.
Entry Requirements (not applicable to Visiting Students)
Pre-requisites Co-requisites
Prohibited Combinations Other requirements None
Information for Visiting Students
Pre-requisitesNone
High Demand Course? Yes
Course Delivery Information
Not being delivered
Learning Outcomes
Learning outcomes

By the end of the course, students will be able to:

* articulate and constructively comment upon the domestic and international legal instruments used to regulate and deliver dispute resolution;
* effectively assess the range of alternative or 'non-court' dispute resolution methods available;
* articulate how and when arbitration, adjudication and mediation processes may be incorporated into practice;
* give a critical account of the role of technology in dispute resolution, and evaluate the potential of online dispute resolution techniques;
* apply advanced research skills in the field of dispute resolution.
Reading List
None
Additional Information
Graduate Attributes and Skills Not entered
KeywordsNot entered
Contacts
Course organiserDr Simone Lamont-Black
Tel: (0131 6)50 2060
Email:
Course secretaryMs Clare Polson
Tel: (0131 6)51 4411
Email:
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