Lusaka Goldsmiths University

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Lusaka Goldsmiths University

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INTRODUCTION

The practice of law demands that taking legal action in court, should be the last option that a lawyer should have. Litigation is costly, time consuming and acrimonious to the parties. It should be part of the training of legal counsel to guide clients that taking a matter to court must be the last resort and avoided unless otherwise. Other forms of dispute resolution are available and are less costly and allow parties to continue in their cordial relationship in the midst of a dispute. This module therefore introduces learners to alternative forms of dispute resolution that can be utilized to redress all forms of legal disputes without the need to involve the court. The module explain what ADR is, the different ADR mechanisms there are and what advantages they might have over litigation in the ordinary courts.

OBJECTIVES

The objectives of this module are:

  • To explain what ADR is
  • To highlight the background of ADR
  • Examine the legal provisions on ADR
  • To identify and explain the different ADR mechanism there are
  • To examine the likely advantages and disadvantages of ADR
  • To examine the effects of decisions made through ADR mechanisms

LEARNING OUTCOMES

At the end of this module you should be able to:

  • Know and explain what ADR
  • Know and explain the history in the development of ADR
  • Identify and apply the legal provisions on ADR
  • Identify and explain the operations of the different ADR mechanisms
  • Know and explain the effects of decisions of ADR mechanisms.

UNIT 1 – ALTERNATIVE DISPUTE RESOLUTION – INTRODUCTION

UNIT 2 – CAUSES FOR RESOLUTION

UNIT 3 – MEDIATION AS AN ADR MECHANISM

UNIT 4 – ARBITRATION

UNIT 5 – SCOPE OF ADR

UNIT 6 – ADR AND QUASI-GOVERNMENT BODIES

 

RECOMMENDED READING:

Blackaby N., Partasides C., Redfern A and Hunter Redfern. (2015). Redfern and Hunter on International Arbitration. Oxford: Oxford University Press       

Roberts S. and Palmer M. (2005). Dispute Processes, ADR and the primary form of decision-making. Cambridge: Cambridge University Press

Spencer D. and Brogan M. (2006). Mediation Law and Practice. Cambridge: Cambridge University Press.