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ZUG2016 – Alternative dispute resolution

Undergraduate – Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

School

Business and Economics

Offered

South Africa

  • Second Semester 2018

15 Credits

Synopsis

The principal aim of this module is to provide students with the theoretical underpinnings of the general principles and content of alternative dispute resolution. Students will be able to explain the principles of alternative dispute resolution, operation of alternative dispute resolution in South Africa and selected foreign jurisdictions. The module explains the context and scope of appropriate dispute resolution methods. It demonstrates a well-rounded and systematic knowledge of, insights into terminology and theory to the review of arbitration awards, conciliation, mediation and arbitration. A strategic and integrative approach is followed and explored through the reference of case scenarios. Knowledge and understanding of the principles and theories of alternative dispute resolution with special reference to current problem situation with litigation, benefits and disadvantages of the alternative dispute resolution process, the principles of restorative justice, negotiations as a basic method for all alternative dispute resolution methods and mediation and arbitration as general alternative dispute resolution methods.

Outcomes

  • Demonstrate a systematic knowledge base of alternative dispute resolution and related fields.
  • Analyse and evaluate legal matters (conciliation, mediation and arbitration) directly pertaining to alternative dispute resolution.
  • Analyse theoretical and practical issues in complex factual settings .
  • Craft and present well-structured legal opinions/arguments and alternative dispute resolution documents.
  • Reflect on appropriate dispute resolution methods.
  • Critically analyse and synthesise the terms, rules, concepts, established principles and theories related to alternative dispute resolution.
  • Present creative and accurate legal arguments based on research.

Assessment

Within semester assessment: 50%
Examination: 50%

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this module is 150 hours per semester typically comprising a mixture of scheduled learning activities and independent study. Independent study may include associated readings, assessment and preparation for scheduled activities. The module requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

Prohibitions

None

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