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- Year 1
- Legal Principles - Credits: 30
This course covers the basic principles of law which are applicable in negotiation, mediation and arbitral practice. The course is divided into 15 topics covering: Legal System and Sources, Contract Law, Reparation Law (Tort/Delict), Aspects of Civil Evidence. These subjects are taught from a UK perspective, providing a grounding in common law jurisprudence in these areas. The following topics are examples of those included in this course:
The Legal System of the UK
Sources of Law
Formation of Contract
Interpretation of Contracts
Breach of Contract
Remedies for Breach of Contract
Duty of Care in Tort/Delict
Breach of Duty of Care
Causation and Remoteness of Damage
Burden and Standard of Proof in Civil Cases
Evidential Rules around Testimony
Privilege and Confidentiality
- Negotiation Skills - Credits: 30
The vast majority of disputes and differences of a civil, that is, non-criminal nature are resolved before one of the parties commences legal proceedings, be they by application for resolution by a court, arbitration or mediation. Somewhere between 85% and 95% of those disputes and differences are resolved before the commencement of the hearing of the legal proceedings by the court or arbitration tribunal or the mediation proper.
- Year 2
- Mediation Theory and Practice - Credits: 30
This course offers students the opportunity to study the theory of mediation and to develop their skills in mediation practice. The course is designed to enable students to learn independently, with ongoing facilitation and support from experienced teaching staff. Students are encouraged to interact with tutors, peers and study groups to develop knowledge, understanding and interpersonal skills, which are critical for the effective practice of mediation. In addition, students will study conflict theory and communication skills, as well as the process and theory of different models of mediation and their application in the many areas where mediation is practised.
Students will be encouraged to critically reflect on their own styles and learning, a pre-requisite for effective mediation practice. It will look in detail at the full range of generic mediation skills, making it suitable for prospective mediators in all situations and jurisdictions.
A successful student will achieve a good understanding of the basic principles of conflict resolution with some practical experience of mediating disputes.
- International Arbitration Law - Credits: 30
Arbitration is growing in popularity as a dispute resolution method across a variety of sectors, and internationally. The law in this area is technical and complex, and a full understanding of how it operates is essential for anyone advising clients, or framing contracts carrying arbitration clauses.
The principles and content of international arbitration law are considered, with the UK arbitral system as the template. Other systems, including some of the institutional rules, are also considered. Key concepts which apply across all arbitration regimes will be considered. Subjects covered here will include the rules and principles underpinning the following:
The Arbitration Agreement
Sources of Arbitral Rules: Legislative and Institutional
Jurisdiction of the Arbitral Tribunal
Appointment of Arbitrators
The Arbitral Process Pre-Hearing
The Arbitral Hearing
The Award and Challenge
Enforcement of the Award.
- Year 3
- Dissertation - Credits: 60
This course is taken only by students on the General Route of the LLM programme. It involves preparing a proposal for a thesis in an area related to part of the programme subject matter. The proposal, once approved, is then expanded into a full 10,000 word thesis. This is prepared under supervision by an academic with special knowledge on the thesis topic. This is an opportunity to conduct a deep and industry-valuable study of an area of interest to the student. Very high quality dissertations are sometimes developed (potentially with the assistance of academic staff) into professional or academic journal publications.