Master of Laws in Dispute Resolution

Purpose

The primary purpose of the qualification is to provide specialised professional knowledge to better equip members of the legal profession. The education will be at an advanced level so as to produce graduates with expertise in discrete areas of law and legal practice.

Rationale

There is a need to educate and train legally-qualified learners in advanced areas of specialised knowledge to enhance their professional employment. Within the legal profession there are areas of law and legal practice which are not dealt with at all or in sufficient detail during the Bachelor of Laws Degree, failing to equip a lawyer to practice with expertise and professional knowledge. The Professional Master's of Law in Dispute Resolution will educate and train learners in mechanisms to resolve conflict. It will equip them for advanced and specialised professional employment as mediators and arbitrators.

Recognition of Prior Learning

Admission to this qualification may be obtained through RPL by applicants who do not have a Bachelor of Laws Degree, but are at an appropriate level of competence due to experience acquired in law-related professions and careers. This decision is taken by the Senate on the recommendation of the Faculty of Law.

Entry Requirements

To gain entry into this qualification, an applicant is required to have

• A Law Degree obtained from the University or a comparable Degree from another university or institution recognised by the Senate for the purpose.

Or

• An appropriate level of competence, which, in the opinion of Senate, on the recommendation of the Faculty of Law, is adequate for the purposes of admission as a candidate for the Degree.

In the case of an applicant with a qualification from a foreign institution, he or she has submitted evidence of proficiency in English of a sufficiently high standard to undertake postgraduate studies in Law. Evidence of proficiency may include an applicant's English language results at school and university level, and/or an applicant's TOEFL test results. An applicant may be required to pass a law-specific English proficiency test before being permitted to register in the Faculty.

This qualification consists of compulsory and one optional modules at NQF Level 9 totalling 180 credits.

Compulsory Modules

• Commercial Arbitration, 30 Credits.
• Mediation, 30 Credits.
• Negotiation, 30 Credits.
• Research Project, 60 Credits.

Optional Modules (choose one)

• Admiralty Jurisdiction and Practice, 30 Credits.
• Advanced Company Law: Corporate Governance, 30 Credits.
• Advanced Company Law: Securities, 30 Credits.
• Advanced Intellectual Property Law, 30 Credits.
• Carriage of Goods by Sea, 30 Credits.
• Chinese Law and Investments in Africa, 30 Credits.
• Collective Labour Law, 30 Credits.
• Competition Law, 30 Credits.
• Electronic Intellectual Property Law, 30 Credits.
• Electronic Transactions Law, 30 Credits.
• Individual Employment Law, 30 Credits.
• Intellectual Property Law, Development and Innovation, 30 Credits.
• International Commercial Transactions Law, 30 Credits.
• International Economic Law, 30 Credits.
• International Law of the Sea, 30 Credits.
• Islamic Law and Finance, 30 Credits.
• Law and Regional Integration in Africa, 30 Credits.
• Legal Aspects of Corporate Financing Structures, 30 Credits.
• Maritime Law and Marine Insurance, 30 Credits.
• Principles of Intellectual Property Law, 30 Credits.
• Workplace Discrimination and Equality Law, 30 Credits.

1. Demonstrate advanced knowledge of the law in a specialised area to enable critique of current practices in the Dispute Resolution field.
2. Demonstrate competence by accessing, analysing, organising and critically assessing information on Dispute Resolution.
3. Demonstrate competence by applying acquired knowledge on Dispute Resolution to practical situations.
4. Demonstrate the ability to design, select and apply an appropriate problem-solving approach to the resolution of disputes which arise.
5. Engage in independent research and produce findings in the form of a research report from a range of appropriate research designs, methods, techniques and technologies in the field of Dispute Resolution.
6. Perform research projects which demonstrate professional expertise.
7. Demonstrate intellectual independence and critical thinking in response to legal problems and issues connected to Dispute Resolution and the legal practice.
8. Demonstrate a heightened awareness of ethical issues arising in the context of contract of employment and in industrial relations practice.
9. Demonstrate competence in communicating professional solutions emanating from practical Dispute Resolution issues.

The following Assessment Criteria are applied in an integrated way to modules and specialised learning areas, where applicable, to determine competence in the Exit Level Outcomes:

• A clear understanding of the context (including policy, legislation and global issues), appropriate concepts, methods, ethics, theories and analytical processes in Dispute Resolution is reflected through discussions.
• The appropriate application of the relevant concepts, methods, ethics, theories and analytical processes in Dispute Resolution is reflected in presentations.
• Critical analyses and a degree of intellectual independence are displayed in written work in the field of Dispute Resolution.
• Current literature and research are accessed, analysed and organised and evaluated systematically in the chosen focus area.
• Clear evidence of effective application of the principles of research practice in the chosen focus area is demonstrated through evaluations.
• Conclusions and recommendations are justified by the use of appropriate evidence and arguments.
• The research inquiry is planned and conducted on the basis of a range of appropriate research designs, methods, techniques and technologies for the specific research problem.
• Research themes are appropriately identified and demarcated.
• Analyses of the research theme include a comprehensive and critical review of current literature and investigations.
• Evidence of a sound understanding of relevant research theory and practice is illustrated through selected research methods, techniques and technologies.
• Theoretical arguments, the research process, methodology, results, conclusions and recommendations are described critically and coherently through research reports.
• Skill in formulating key findings, drawing justifiable conclusions and making feasible recommendations are displayed through research reports.
• Motivations of own position to specific Dispute Resolution debates are based on sound integration of relevant theory, practice, research and independent, creative thinking.
• Sound understanding of own position and its feasibility in relation to major debates are displayed through discussions.
• Explanations of own position are clearly and coherently exemplified through written and oral communication.
• Purposeful and critical application of advanced theory, current knowledge and expertise in the chosen focus area is reflected using analyses of the prevailing problems and issues.
• Purposeful and creative plans to seek solutions based on theory and proven methods in the chosen field are reflected by means of interventions and/or recommendations.
• Advanced application of appropriate skills, strategies and techniques in accordance with corresponding theoretical assumptions in the chosen field are reflected through discussions and/or interventions.
• Outcomes of interventions, techniques, strategies or processes in relation to the stated goals and in accordance with corresponding theoretical assumptions are comprehensively described by evaluations.
• Outcomes in accordance with the identified needs and issues within the chosen focus area are critically analysed by means of evaluations.
• Evaluations are purposefully used as the basis for planning, implementing and making recommendations.

Integrated Assessment

The assessment policy is to test a learner's ability to understand and apply the law in a professional manner. Forms of assessment will thus be practically oriented. Both formative and summative assessment are undertaken to ensure learners are meeting the requirements of the qualification. Mediation will be assessed by examiner observation of the learners as mediators, and likewise observation of learners as negotiators. Role-play and simulation of the arbitral process will also be assessed.