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2015
ADR
AIM OF THE COURSE:
The aim of this course is to examine from a comparative perspective methods of
resolving disputes other than by means of adjudication.
Particular attention is given to the central processes of negotiation and mediation. In
many jurisdictions around the world, entrenched approaches to dispute resolution are under re-examination, and students are therefore encouraged to develop a broad, cross- cultural view of the relevant issues. The course considers both the jurisprudential and practical dimensions of the problems addressed.
There are two main parts to the course:
1. The first examines general processes and principles of dispute resolution and civil justice reform, including debates surrounding informal justice and the role of courts, typologies of dispute process, negotiation, mediation, adjudication and its variant forms, mixed processes, and the role of lawyers in dispute resolution. 2. For the second part of the course, selected special areas of dispute resolution are examined: international, and regional with examples and practical examples from Pakistan.
KEY READING:
Charles Chatterjee, Anna lefcovitch, “Alternate Dispute Resolution”. Routledge,
2008 – Law. Goldberg, Sander, Roges and Cole; Dispute Resolution: Negotiations, Mediation and other Process, [Forth Ed.] 2003, Gaihersburg [Md.] Murry, Rau and Sherman, “Process of Dispute Resolution”. The Role of Lawyers, New York: Foundation Press 2002 [3rd Ed]. ADR-Negotiation and Mediation/conciliation BY Sridhar International Commercial Arbitration by Lew Misteliis Kroll
OBJECTIVES AND LEARNING OUTCOMES OF THE COURSE:
The course is taught primarily as a mix of Lectures, Practical Exercises, and Seminars, and its specific learning outcomes include:
1. Achieving a thorough grasp of the study of the primary forms of dispute process, from negotiation to mediation to developments in adjudication and mixed processes. 2. Development of a solid understanding of interdisciplinary and comparative approaches to - and debates about - dispute resolution. 3. Acquiring expertise in the skills and techniques necessary for effective dispute resolution. 2015 ADR More generally, this course enables students to understand and reflect critically on key theoretical and practical dimensions of dispute processes, including current debates on civil justice reform.
The course also enables students to adopt a comparative approach, drawing on the experiences of many societies and jurisdictions – in a large number of which, entrenched approaches to dispute handing are now under radical re-examination.
Balancing theoretical and practical concerns, the principal areas of discourse and practice that the student will come to understand are the processes of negotiation and mediation. The student will understand these processes in their own right and also in the context of the emergence of new types of dispute resolution professional, who offer mediation and other services as alternatives to the lawyer’s often preferred practice of late settlement through litigation.
METHOD OF ASSESSMENT:
Assessment weighting
Attendance: 10%
Mid-term: 25% (one 4000 word essay-take home)
Presentation and Assignment: 25% (group work after every three lectures)
Final term: 40 % (assignment/ essay of 8000 words to be uploaded on portal)
2015 ADR
COURSE OUTLINE
INTRO: An introduction to the theories and principles of Alternative Dispute Resolution
(ADR) and to the application of ADR, both within Pakistan and internationally, includes an overview of the principal ADR processes (such as mediation and arbitration) and an analysis of their theoretical and legal underpinnings and of their practical applications, under both party agreement and rules of court.
1. Introduction to the course, Perspective on ADR and Informal Justice in Pakistan
and UK.
2. Taxonomy: Conflict, Dispute and Decision Making: The Nature of Disputes and dispute processes. The characteristics of different forms of dispute processes. Modes of third party intervention, litigation and settlement.
-Alternative dispute resolution (ADR)
2.1. History 2.2. Indigenous ways to solve disputes 2.3. Cultural factors influencing ADR 2.4. Legal framework 2.4.1. International ADR 2.4.2. European regulation and policy on ADR
3. Negotiation: the nature or negotiations and power in dispute processes.
.Introduction to International Commercial Arbitration
Case Analysis: Fiona Trust case
4. Mediation: The nature or mediation and the role or the Mediator. The context and form of mediated negotiations, the different forms of mediation. Mediation distinguished from other forms of third party intervention. Problems of confidentiality. The protection of weaker parties and safeguarding of third part interest.
Concept of Separabilty in Arbitration Agreement
5. The Processaral Shapes of Mediation. The Regulation of Mediation
- Concept Seat of Arbitration
MIDTERM- Test
Discussion on Arbitration Agreement
2015 ADR
Case analysis : Dallah v Government of Pakistan
Selection of Arbitrators and Conciliation
Private adjudication: contractual source Principles of an arbitrated process Principles of a conciliated process Regulatory context (private vs. public, mandatory vs.voluntary) o Domestic o International
Concept of Party Autonomy
Case analysis: Jivraj v Hashwani
6. The Regulation of Mediation. Regularity Framework; Overarching Regulations
and Central issues. (Comparative Analysis)
7. Arbitral Courts and Mixed Processes: The Heterogenity of courts: ADR and Civil Procedure.
8. ADR and Civil Justice in England, USA and other States.
9. The Scope of ADR in Pakistan.
Independence and Impartiality in Arbitration
Arbitrability in Pakistan Case Analysis Reko Diq and HUBCO v Wapda The Scope and Future of ADR in Pakistan. Exercises and exam sessions. Final exam.
KHUSHBAKHT QAISER LLM (UK) Advocate High Court Partner Qaiser & Abbas Attorneys and Corporate Counsellors Lahore.
