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LPR 4155 - Alternative Dispute Resolution

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23 views6 pages

LPR 4155 - Alternative Dispute Resolution

Uploaded by

Sydney Mbale
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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THE UNIVERSITY OF ZAMBIA

SCHOOL OF LAW

LPR 4155: Alternative Dispute Resolution


Course Outline

0
Pre-requisite : None

Workload : 75 hours

Credits : 2.5

Number of lectures per week : 4

Number of tutorials per week : 1

Duration : half year

Frequency : Once a year

Aim
The aim of the course is to introduce students to Alternative Dispute Resolution (ADR)
mechanisms. The primary focus is on the theory, law and practice of negotiation, conciliation,
mediation and arbitration.

Objectives
By the end of this course, students are should be able to:
1. Outline the various dispute resolution mechanisms;
2. Explain the principles governing negotiation, conciliation, mediation, arbitration and
Med-Arb;
3. Contrast ADR mechanisms with litigation;
4. Explain the various court rules relating to court annexed mediation; and
5. Critically discuss gender and power relations in alternative dispute processes.

Content
1. Introduction to ADR and the concepts of conflict and dispute
 Overview and definition of ADR
 Definition and nature of conflict
 Subject matter of conflicts
 Subject matter of disputes
 Historical background to the development of ADR in Zambia

2. Sources of ADR law in Zambia

 Statutes
 Conventions
 Case law

1
 Writings of modern authors

3. Introduction to basic concepts in ADR Processes

 Elements essential for successful ADR


 Characteristics of ADR methods
 Benefits of using ADR
 Differences between mediation and arbitration

4. ADR and litigation

 The role of courts


 Differences between ADR and litigation
 Advantages and disadvantages
 Provision of court annexed mediation and arbitration

5. Concepts and ADR

 Confidentiality
 Privilege
 Fairness
 Psychological, gender, cultural, economic and social issues of dispute resolution

6. Forms of ADR

a) Negotiation

 Definition of negotiation
 Characteristics of negotiation
 Negotiation theory, strategies and style
 Gender and negotiation
 Advantages and disadvantages of negotiation

b) Conciliation

 Definition of conciliation
 The conciliation process
 The role of a conciliator
 Advantages and disadvantages of conciliation

2
c) Mediation

 Definition of mediation
 The mediation process
 Mediation principles
 Role of a mediator
 Styles of mediation
 Ethical and professional issues in mediation
 Gender and mediation
 Mediation in Zambia
 Advantages and disadvantages of mediation
 Court annexed mediation
 Advantages and disadvantages of court annexed mediation
d) Arbitration

 Definition of arbitration
 Concepts of arbitration
 Courts and arbitration
 Choice of law/ seat of arbitration
 The Arbitration Act
 Gender and arbitration
 Ad-hoc versus institutional arbitration
 Appointment of arbitrators
 Arbitrators’ qualifications, rights and responsibilities
 Arbitration clauses and effect
 Doctrine of separability/ severability
 Limits on arbitrability
 A binding award
 Recognition and enforcement of an arbitral award
 Grounds for setting aside an arbitral award

e) Med-Arb

 Definition of Med-Arb
 Different forms of Med-Arb
 Mediation windows in arbitration
 Origins and development of Med-Arb
 Industries using Med-Arb
 Advantages and disadvantages of Med-Arb

f) International Commercial Arbitration

3
 United Nations Commission on International Trade Law (UNICTRAL) Model Law on
International Commercial Arbitration of 1985
 Sources of relevant norms and possible conflicts
 Focal points in the arbitration process
 Selected elements of procedure before arbitration tribunals
 The effects and limits of awards rendered in international commercial arbitration
 Confirmation, merger into judgement, concurrent and consecutive proceedings

7. Judicial Control of Arbitration

 Arbitration Act
 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards
of 1958

Method of Teaching
Four hours of lectures and one tutorial per week

Assessment
Assignment 15%
Test 25%
Examination 60%

Prescribed Readings

Varady,T., Barcelo, J.J, Kröll, S. and Von Mehren, J.E. (2015) International Commercial
Arbitration, A Transnational Perspective: 6th Edition. St Paul: Thomson/West.

Hunter, M. and Refern, A. (2004) Law and Practice of International Commercial Arbitration: 6th
Edition. Oxford: Oxford University Press.

Moses, M.L. (2012) The Principles and Practice of International Commercial Arbitration.
Cambridge: Cambridge University Press.

Recommended Readings

4
Brown, H and Marriott, A.M. (2011) ADR: Principles and Practice. 3 rd Edition. London: Sweet
& Maxwell.

Beer, J.E. and Packard, C.C. (2012) The Mediator’s Handbook 4 th Edition. New Society
Publisher.

Fisher, R. and Ury, W. (1991) Getting to Yes Negotiating an Agreement 2 nd Edition. Sydney:
Century Business.

Freeman, M.D.A. (1995) Alternative Dispute Resolution. New York: New York University
Press.

Mwenda, K.K. (2003) Principles of Arbitration Law. Parkland: Brown Walker Press Parkland.

Merkin, R. (2004) Arbitration Law. London: Informa Law from Routledge.

Newman (1999) Alternative Dispute Resolution. Hertfordshire: CLT Professional Publishing.

Tweeddale, A. & Tweeddale, K. (2007) Arbitration of Commercial Disputes. Oxford: Oxford


University Press.

Born, G.B. (2015) International Arbitration: Law and Practice. 2nd Edition. London: Kluwer.

Blake, S., Browne, J. and Sime, S., (2016) A Practical Approach to Alternative Dispute
Resolution. Oxford: Oxford University Press.

Blake, S. (2016) The Jackson ADR Handbook. 2nd Edition. Oxford: Oxford University Press.

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