Alternatives to Litigation

Module code: 5BUCL002W
Faculty: Westminster Business School
Credit Level: 5
Credit value: 20
Available to: Westminster Business School students only, however students on some courses are unable to choose Westminster Electives  – see list of exemptions. Please note elective modules are subject to availability.

This module will enable you to examine how various forms of alternative dispute resolution (ADR) allow parties to resolve conflicts separate from litigation proceedings, within state-run court systems. Parties seek ADR because of the speedier, more predictable and less costly results compared to litigation. The module will provide you with first-hand knowledge of the key issues, principles, rules, procedures and parties involved in ADR, and enable you to examine the relevant areas of law in relation to ADR, including commercial, employment and consumer protection law. You will explore aspects of ADR including the use of mediation, conciliation, expert determination and arbitration, both within the international community and in the UK.

By the end of the module you will be able to compare and explain various forms of ADR, the processes and procedures of arbitration, and the most important aspects of mediation, conciliation and expert determination. You will also understand the role of the ombudsman, the arbitral tribunal and arbitrators, and be able to identify strategies for minimising risks in international arbitration.

Teaching and learning methods will involve a mix of formal lectures, seminars and guided interactive role-playing exercises (including mock arbitral tribunals). Assessment will be based on an individual essay coursework assignment, and a closed-book, end-of-module exam.