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Prof Linda Mulcahy NAB 7.15

This course is available on the LLM (extended part-time), LLM (full-time), MSc in Law, Anthropology and Society and University of Pennsylvania Law School LLM Visiting Students. This course is available with permission as an outside option to students on other programmes where regulations permit.

 This course will be relevant to the following LLM specialisms: Legal Theory

This course is capped at 60 students. Students must apply through Graduate Course Choice on 杏吧论坛 for You.

None, but The Theory and Practice of Dispute Resolution is a pre-requisite for Advanced Mediation

This course focuses on the dynamics of disputes and distinctions between the principle methods of dispute resolution. Students on this course will be asked to look at a variety of theories of dispute resolution which draw on insights offered by law, sociology, anthropology, psychology and economics. Topics include 1. What prompts and fuels disputes? 2. Typologies of third party roles in disputes 3.. Negotiation theory and practice: bargaining in the shadow of the law 5. International civil justice reforms and their impact on the litigation process 6. Histories of informalism and ADR movements 7. Facilitative Mediation 8. Mediation role plays. The course is designed to complement the option on Commercial Arbitration and Advanced Negotiation and Mediation.

20 hours of seminars in the MT. 2 hours of seminars in the ST.

There will be a Reading Week in week 6 of MT.

One 2,000 word essay.

Simon Roberts and Michael Palmer's 2005 (second edition) Dispute Processes: ADR and the Primary Forms of Dispute Resolution, Cambridge, Cambridge University Press. Genn, Hazel, (2009) Judging Civil Justice (The Hamlyn Lectures) Cambridge, Cambridge University Press. Damaska, M., 1986, Faces of Justice and State Authority: A Comparative Approach to the Legal process. New Haven: Yale University Press. Roberts, S., ‘Listing Concentrates the Mind’: the English Civil Court as an Arena for Structured Negotiation, Oxford Journal of Legal Studies, Volume29, Issue3 Pp. 457-479. Roger Fisher and William Ury (2012) Getting to Yes: Negotiating an Agreement Without Giving In by Random House.

Exam (100%, duration: 2 hours, reading time: 15 minutes) in the summer exam period.