Most legal education in common law systems scrutinises the interpretation and development of the law via decisions made by courts in the process of litigation. This fosters the assumption that litigation, or legal advice predicting the outcome of litigation, is the normal method of resolving disputes. In fact, only a small proportion of disputes are resolved by litigation and there is a growing dissatisfaction with the cost, speed and adversarial character of litigation, and a corresponding interest in alternative forms of non-adjudicative dispute resolution.
This course follows on from Resolving Civil Disputes, investigating and giving practical experience in a range of alternative forms of dispute resolution including negotiation, facilitation, mediation and group process. It requires students to identify and analyse examples of the interface between the outcomes of non-adjudicative dispute resolution processes and what might be termed 'black-letter law' such as contract and revenue law.
Dispute Resolution is delivered as a skills course. Whilst there will be some formal tuition, the focus of the course is on experiential learning. Skill training depends on a building block approach to learning whereby basic ideas are built upon through group discussion, preparation, performance and review.
Because group dynamics and interaction play such an important part in the process, skills training works most effectively when it occurs in concentrated bursts of a day or more. For this reason, the course is delivered in full day sessions with an introductory lecture at the beginning.
Main Topics
- The taxonomy of ADR and introduction to the most commonly encountered processes
- The influence of group dynamics on ADR processes
- Tools from the Harvard Negotiation Program
- Development of some 'rules of thumb' which enhance the application of ADR principles in a group setting
- Other influences on the ADR process such as behavioural preferences and communication styles
- Communication in dispute resolution and developing a communication strategy
- Various mediation role plays and debrief of case studies
