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Dispute Resolution

  • Module code: LL6602
  • Year: 2018/9
  • Level: 6
  • Credits: 30
  • Pre-requisites: None
  • Co-requisites: None

Summary

The dispute resolution module makes extensive use made of role-play in order to develop a deeper understanding of the dynamics underlying conflicts and the process of dispute resolution. Comparisons are made with litigation and with other adversarial and quasi-judicial mechanisms so as to place mediation and negotiation in a proper context. Themes are identified and discussed, often in light of role-plays designed to bring these themes into play, and the social and psychological aspects are considered. The module also incorporates theories of conflict and conflict management, as well as the landscape of dispute resolution.

Aims

  • To enable the students to develop a critical understanding of the nature of dispute resolution and the context in which it operates
  • To provide a context in which the students can explore the different dynamics in play with a range of dispute resolution mechanisms
  • To enable the students to develop a range of practical skills within the context of the underlying academic framework

Learning outcomes

On successful completion of the module, students will be able to:

  • Demonstrate an ability to critically evaluate the nature of dispute resolution and the context in which it operates
  • Demonstrate a critical understanding of the dynamics underlying a range of different disputes so as to identify appropriate responses
  • Demonstrate an ability to critically evaluate a range of academic literature, including legal, business, social and psychological
  • Demonstrate an advanced ability to work with different parties so as to move forward the process of dispute resolution
  • Demonstrate an ability to deploy a range of practical interpersonal skills, both cerebral and instinctual

Curriculum content

  • The dynamics and underlying skills involved with mediation and negotiation as mechanisms of dispute resolution
  • Multi-party disputes and the limits on the role of a third party to a dispute
  • Theories of conflict and conflict management
  • The issues of professionalism and ethics involved with different dispute resolution mechanisms.
  • Evaluation of competitive, co-operative and collaborative styles of negotiation
  • Evaluation of facilitative, transformative and evaluative models of mediation

Teaching and learning strategy

The module will be delivered by a series of seminars and workshops involving extensive role-play.  The students will process a range of different disputes and participate in the process of their resolution. The combination of mediation and negotiation within one module allows for direct comparisons to be made and demonstrated. This generates some creative teaching opportunities where the same dispute can be addressed in a number of different ways, even switching between negotiation and mediation midway through the role-play.  

Breakdown of Teaching and Learning Hours

Definitive UNISTATS Category Indicative Description Hours
Scheduled learning and teaching 22 three hour seminars and workshops 66
Guided independent study Reading the material and preparing for the workshop tasks and assessments 234
Total (number of credits x 10) 300

Assessment strategy

The assessment will consist of 100% coursework (a negotiation exercise 30%; a mediation exercise 30% and a written piece 40%). The first two will include in class activities worth a total of 10%. The assessments will require students to demonstrate an understanding of the theory and practice of negotiation and mediation. The assessments allow students to demonstrate their knowledge, understanding and ability to apply their skills, as well as their ability to research the theory behind negotiation and mediation. Feedback on formative assessments will be provided to students during class.

Mapping of Learning Outcomes to Assessment Strategy (Indicative)

Learning Outcome Assessment Strategy
1) Demonstrate an ability to critically evaluate the nature of dispute resolution and the context in which it operates Seminars and coursework
2) Demonstrate a critical understanding of the dynamics underlying a range of different disputes so as to identify appropriate responses Seminars and coursework
3) Demonstrate an ability to critically evaluate a range of academic literature, including legal, business, social and psychological Seminars and coursework
4) Demonstrate an advanced ability to work with different parties so as to move forward the process of dispute resolution Seminars and coursework
5) Demonstrate an ability to deploy a range of practical interpersonal skills, both cerebral and instinctual Seminars and coursework

Elements of Assessment

Description of Assessment Definitive UNISTATS Categories Percentage
Practical exam Practical Exam (Negotiation) 30
Practical exam Practical Exam (Mediation) 30
Coursework Coursework 40
Total (to equal 100%) 100%

Achieving a pass

It IS NOT a requirement that any major assessment category is passed separately in order to achieve an overall pass for the module.

Bibliography core texts

Roberts & Palmer, Dispute Processes Cambridge

Bibliography recommended reading

L.Boulle, & M.Nesic, Mediation: Principles, Process, Practice, Butterworths

R.Fisher, & W.Ury, , Getting to Yes, Penguin

Strasser and Randolph, Mediation; A Psychological Insight into Dispute Resolution

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