Master of Laws in Alternative Dispute Resolution

Purpose

The purpose of this qualification is to educate and train researchers who can contribute to the development of knowledge about Alternative Dispute Resolution at an advanced level and to prepare graduates to specialise professionally as Alternative Dispute Resolution (ADR) Practitioners. The main outcomes of this qualification, as distilled from those of the three compulsory taught modules and the research assignment, may be described as follows:

After completion of the qualification, the student will o be able to

• Have an in-depth knowledge and understanding of the theory, law and practice of the relevant alternative dispute resolution methods, from both a local and an international perspective.
• Evaluate and apply legislation and rules applicable to the relevant alternative dispute resolution methods at an advanced level.
• Design an appropriate and effective arbitration or mediation process, in an innovative way, having regard to best international practice.
• Approach the important ethical issues that arise in a dispute resolution process, against the background of the crucial need for procedural fairness.
• Conduct legal academic research at an advanced level, including the ability to produce the results of the research in a paper which complies with the form and content requirements for legal academic writing.
• Demonstrate an understanding of the legal, practical, ethical and procedural aspects of academic research in law.

The elective module will enable learners to acquire advanced knowledge and skills in a particular field of substantive law in which they potentially could use their knowledge and skills relating to alternative dispute resolution.

Rationale

The need to provide sophisticated techniques and procedures outside the courts for resolving increasingly complex disputes, which collectively involve a wide range of subject-matter crossing traditional boundaries between mercantile, private, public and international law, in a way which is cost-effective and without unnecessary delay, is increasingly recognised by government, business, dispute resolution practitioners and the broader community. The Master of Laws in Alternative Dispute Resolution is developed to promote an in-depth study and analysis of these techniques and procedures from a legal perspective at an advanced level. Dispute resolution practitioners are often appointed because of their combined expertise in a type of dispute resolution procedure and a specialised field of substantive law. This qualification will enable local and foreign learners to attain a high level of academic knowledge and practical insight to enable them to pursue a career as an academic or practitioner specialising in Alternative Dispute Resolution.

Recognition of Prior Learning (RPL)

RPL may be considered as a supplementary/alternative for admission to this qualification.

Prior learning and workplace experience will be considered as a matter of course where a candidate applies for admission based on a legal qualification other than the Bachelor of Laws (LLB).

Stringent assessment criteria are applied to determine whether the applicant has developed the necessary competencies required to enter this qualification.

In addition to the normal application process, RPL applications will also be assessed on

• Work experience: A minimum of eight years of full-time work experience, of which at least five years should have been at project, programme-or contract management level, or as a legal practitioner.
• Selection test: For the SHL test - numeric, verbal and inductive reasoning scores of 6 are expected.
• Curriculum Vitae: An extensive CV that includes growth and learning over time, which reflects the responsibilities associated with successive jobs.
• At least two references: Confidential reports from two references are required on the candidate's work and management experience, particularly regarding dispute resolution processes.
• Interview: A mandatory interview with at least two members of faculty.

Entry Requirements

The minimum entry requirement for access to this qualification is

• An LLB qualification at Level 8; or equivalent.

This qualification comprises compulsory and elective modules at Level 9 totalling 180 Credits.

Compulsory Modules, 150 Credits

• International Commercial Arbitration, 30 Credits.
• Research Assignment, 60 Credits.
• Specialised Dispute Resolution Techniques, 30 Credits.
• Mediation, 30 Credits.

Elective Modules, 30 Credits (select one)

• Selected issues in Collective Labour Law, 30 Credits.
• Employment Rights, 30 Credits.
• Legal Aspects of World and Regional Trade, 30 Credits.
• International Sales Law, 30 Credits.

1. Demonstrate in-depth insight and knowledge of the theory, law and practice of international commercial arbitration.
2. Demonstrate in-depth analysis of the United Nations Convention on Contracts for the International Sale of Goods.
3. Explore in depth the select advanced topics in the area of International Trade Law and World Trade Organization (WTO) Law.
4. Demonstrate an in-depth knowledge and understanding of the theory and practice of mediation.
5. Produce a substantial research assignment of an academic nature demonstrating expert knowledge of the indicated topic regarding alternative dispute resolution or its actual or potential application in an appropriate field of law.
6. Demonstrate an in-depth insight and knowledge of the theory of Alternative Dispute Resolution (ADR) from a legal perspective.
7. Appreciate the societal forces driving different approaches to and different levels of the legal institutionalisation of collective bargaining domestically and internationally.

Associated Assessment Criteria for Exit Level Outcome 1

• Be familiar with issues which require to be addressed at all stages of the arbitration process, from the conclusion of the arbitration agreement to the enforcement of the award.
• Evaluate arbitration legislation and rules at an advanced level, including the ability to analyse the interaction between the applicable arbitration law and rules in complex practical situations.
• Design an appropriate and effective arbitration process for a range of international commercial disputes, in a way which avoids unnecessary delay and expense.
• Analyse in depth the efficacy of an arbitration clause for resolving international commercial disputes.
• Develop and formulate a legal argument regarding contentious issues in arbitration law.
• Understand and be able to apply the concept "procedural fairness" in the context of international commercial arbitration.
• Be aware of how to approach important ethical issues which may arise during international arbitration proceedings relating to the conduct of members of the arbitral tribunal and of the parties' legal representatives.

Associated Assessment Criteria for Exit Level Outcome 2

• Understand the structure, nature and context of an international business transaction and where the contract of sale fits in.
• Understand the salient features of an international contract of sale and the risks involved in concluding international contracts.
• Understand the challenges brought by e-commerce.
• Understand problems involved with the application of the rules of private international law.
• Critically evaluate advantages and disadvantages of legal harmonisation with specific reference to instruments of regional and international harmonisation and the agencies involved in legal harmonisation.
• Determine when a contract is to be regulated by the United Nations (UN) Convention on Contracts for the International Sale of Goods.
• Interpret and critically analyse the provisions of the UN Convention on Contracts for the International Sale of Goods.
• Apply the provisions of the UN Convention on Contracts for the International Sale of Goods in a practical context.
• Critically evaluate the UN Convention on Contracts for the International Sale of Goods in light of the needs of modern international trade and as an instrument of legal harmonisation.

Associated Assessment Criteria for Exit Level Outcome 3

• Demonstrate an in-depth knowledge on select topics in the field of International Trade Law and WTO Law, also in regard of its regional implementation in Africa.
• Understand and be able to analyse fundamental legal concepts, principles, theories and their relationship to International Trade Law and WTO Law.
• Conduct research using appropriate techniques such as the review of written literature, doing electronic information searches, and retrieving statutes and case analyses.
• Apply the law regarding different topics to factual scenarios and will be able to solve complex legal problems.
• Define a research topic, do independent research and write a paper on a topic in the area.

Associated Assessment Criteria for Exit Level Outcome 4

• Evaluate mediation legislation and rules at an advanced level and be able to interpret and apply the principles of law regulating mediation.
• Design an appropriate and effective mediation process for a wide range of disputes.
• Facilitate the mediation process by using suitable negotiation techniques.
• Use acquired mediation skills in legal practice.
• Approach ethical issues arising during mediation.
• Be sensitive to the value and limitations of mediation in the domestic and international environment.

Associated Assessment Criteria for Exit Level Outcome 5

• Conduct legal academic research.
• Reduce the results of that research to writing in a manner which complies sufficiently with the substantive and formal requirements for academic legal writing according to internationally accepted standards.
• Show insight into the complexities of law and practice in relation to the research topic.
• Be familiar with the legal principles of South African and selected foreign legal systems regarding the research topic, as well as relevant international instruments.
• Critically analyse and evaluate relevant statutes, rules, case law, international instruments and academic commentary in appropriate depth.
• Demonstrate an understanding of the legal, practical, ethical and procedural aspects of academic research in law.

Associated Assessment Criteria for Exit Level Outcome 6

• Be familiar with a variety of different specialist ADR techniques.
• Interpret and apply the principles of law regulating specialist ADR techniques.
• Be able to compare and evaluate alternative dispute resolution processes from both a theoretical and practical perspective.
• Review, evaluate and analyse different ADR techniques, also on a legal comparative basis and in an international context.
• dentify and develop appropriate and innovative techniques for resolving particular disputes in a variety of fields, especially in providing advice on suitable and innovative dispute resolution clauses for differing contractual situations.
• Work as a legal professional within the ADR environment.
• Be sensitive to the importance and limitations of ADR and related ethical issues in the domestic and international environment.

Associated Assessment Criteria for Exit Level Outcome 7

• Understand the relationship between collective bargaining and the achievement of social justice.
• Profess expert knowledge of the theory of and principles of the most important areas of collective labour law in South Africa.
• Interpret and apply the principles of the law regulating collective bargaining.
• Review, evaluate and analyse foreign and international approaches to the legal institutionalisation of collective bargaining.
• Demonstrate familiarity with the prevailing legal arguments in the field of collective labour law.
• Demonstrate familiarity with the practice of law and dispute resolution in the field of collective bargaining.
• Operate as a legal professional within this field of law.
• Formulate and support legal arguments based on issues in the law relating to colllective bargaining.
• Be sensitive to the difficulties and challenges faced by labour law and endeavours to promote collective bargaining in a developing economy.

Integrated Assessment

The assessment policy for this qualification has been developed in light of the Assessment Policy of the Institution and is consistent with the policy for assessment applied to the current LLM. The policy incorporates the following criteria for effective assessment: validity, reliability, academic integrity, transparency, fairness, achievability and timely feedback.

The implementation of the assessment policy will be monitored by the programme coordinator, and includes a compulsory element of external moderation as expressed by the regulation of internal and external moderation.

Each module will include more than one assessment opportunity and the use of more than one type of assessment opportunity (written assignments, oral examinations, oral presentations, and role-play in simulated dispute resolution scenarios) is provided for, in addition to the final examination. The purpose of the assessment opportunities apart from the final examination is formative and summative, whereas the purpose of the final examination is summative. A final grade of 50% or higher is required to complete the module.

The written tests, oral presentations and examinations will be evaluated according to the following assessment criteria

• The level of difficulty each question/topic for discussion presented compared to the amount of time spent on that particular topic during contact sessions, the volume of prescribed work that address the question/topic and the amount of theoretical knowledge required to address the question.
• The degree of familiarity with the theoretical principles, academic opinion and practical considerations applicable.
• The level of insight into the problem illustrated.
• The academic merit of the approach selected to address the question/topic.
• The academic merit of the response presented / conclusions drawn.
• The degree of familiarity with (and incorporation of) counter-arguments to the response presented/conclusions drawn.
• The correctness/appropriateness/practicality of the response (answers or arguments) presented.
• The general style and structure of the response presented.
• The degree of preparation manifest in the quality of the response or presentation.

The research assignment and all prepared written assessments will be evaluated according to the following assessment criteria:

• The level of difficulty the topic presented, evaluated against the standard of publication in that particular field and area of research.
• The quality of research conducted by the student (this is a qualitative and quantitative assessment).
• The variety of research conducted (a sound combination of local, foreign and international sources, published and unpublished work, statutes, books, articles, reviews, judgments, treaties, theses and/or reference works).
• The degree of penetration into the subject matter (the work should illustrate an intimate familiarity with the basic principles).
• The academic merit of the research assignment (a value judgment based on the contribution the assignment may make to knowledge in the particular field on law based on: the unique or critical issues raised and discussed in the assignment; the level of integration with existing legal and academic opinion; the novel nature of the topic, hypothesis or approach to an existing problem; the presentation of existing publications in condensed/accessible format).
• The scholastic quality of the research assignment (the use of terminology, command of language, document preparation, style and structure).