Commercial alternative dispute resolution 700
Mr J Epstein
One 2-hour seminar weekly over 13 weeks * Second semester
This subject critically examines litigation and its alternatives. Those alternatives, commonly described as alternative dispute resolution or ADR processes, are compared with litigation as means of resolving commercial disputes. This will enable participants to gain an understanding of the strengths and weaknesses of various dispute resolution methods as well as permitting them to gain and use practical skills in the application of ADR. One way of viewing ADR is that it enables lawyers to permit their clients, particularly commercial clients, to use a wider and more flexible number of techniques and processes for resolving disputes. A critical evaluation of a number of ADR processes together with a critique of litigation enables the practical application of a wider range of dispute resolution skills to be understood and applied. That is the primary aim of this subject.
Assessment
Terminal examination (3 hours): 50% * Research paper (5000 words): 50% * or two research papers (5000 words each): 100%