Postgraduate Course: Dispute resolution methods (5-credit) (LAWS11279)
Course Outline
| School | School of Law |
College | College of Humanities and Social Science |
| Credit level (Normal year taken) | SCQF Level 11 (Postgraduate) |
Availability | Available to all students |
| SCQF Credits | 5 |
ECTS Credits | 2.5 |
| 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. |
| 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.
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Entry Requirements (not applicable to Visiting Students)
| Pre-requisites |
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Co-requisites | |
| Prohibited Combinations | |
Other requirements | None |
Information for Visiting Students
| Pre-requisites | None |
| 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.
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Additional Information
| Graduate Attributes and Skills |
Not entered |
| Keywords | Not entered |
Contacts
| Course organiser | Dr Simone Lamont-Black
Tel: (0131 6)50 2060
Email: |
Course secretary | Ms Clare Polson
Tel: (0131 6)51 4411
Email: |
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