Master of Laws in Integrative Dispute Resolution and Advanced Litigation Techniques

Purpose

The purpose of the Master of Laws in Integrative Dispute Resolution and Advanced Litigation Techniques is to equip learners with advanced professional knowledge and proficiency in the application of techniques utilised in legal dispute resolution. Graduates will have the specialised expertise required for resolving legal disputes through a therapeutic and transformative lens such as integrative law, or, when appropriate, by using advanced litigation and evidence techniques. The qualification will also develop advanced research skills, enabling graduates to interrogate legal dispute issues and creatively contribute towards emerging scholarship in specialised areas of law.

This qualification will produce legal professionals capable of critiquing and resolving legal disputes and conflicts in any area of law with the highest level of purpose, values, and legal ethics. These graduates will be critical and holistic thinkers with a systemic view of the world, engaging comparatively with local and international theories and strategies. Graduates will gain reflective skills, as well as research skills, to become integrative and procedural law specialists.

Graduates of this qualification will simultaneously be enabled to lead in any environment in the implementation of new and emerging legal dispute resolution techniques with a transformative and holistic approach and apply their acquired independent research skills to proceed with an NQF level 10 qualification.

Rationale

In 2014 Integrative Law introduced the notion that dispute resolution should be shifted from adversarial to therapeutic, to encourage legal practitioners to work as positive changemakers. As this movement is gaining momentum, the legal profession requires leaders within the industry who will shape and respond to the evolving legal system with the required skill and scholarship. The qualification, therefore, focuses on generating legal forefront runners equipped with the ability to resolve disputes and conflicts in any area of law.

There is a move towards using more mediators and arbitrators to assist the courts in alleviating the backlog in cases and subsequently increase the imperative of access to justice. For example, uniform court rule 41A came into effect on 9 March 2020 which requires mediation as a step before initiating an action, application, or an urgent application in the High Court. Rule 41A has therefore drastically increased the demand for qualified mediators within the legal profession. The rule has been welcomed as the process is friendly and peaceful, and thus mandatory mediation represents a change in the direction of dispute resolution. This change compels the need to introduce an alternative to the mainstream as opposed to the traditional adversarial form of dispute resolution.

The legal profession requires legal practitioners to pursue alternate dispute resolution methods prior to approaching the courts, due to its advantages over litigation such as flexibility, speed, reduced stress levels, and lower costs. South African courts face immense concerns related to backlogged hearing dates, and alternate dispute resolution proceedings thus serve as a viable solution.

The institution is committed to fostering an interest in lifelong learning through higher education by ensuring qualifications are current, taking cognisance of significant environmental factors and the rapid changes in the legal practice environment, The qualification incorporates distinguishing features related to module selection, themes, and higher order thinking, addressing these changing needs of the legal system. The core modules relate to alternate dispute resolution, integrative law, evidence and litigation techniques, and procedural law, ensuring a dynamic and relevant learning journey for the learner. The curriculum is underpinned by core themes such as integrative law; legal ethics; transformative constitutionalism and Africanisation. This combination enables the development of higher-order skills such as comparative research, advanced legal analysis; negotiation; problem-solving and innovative conceptualisation, which are essential techniques required to thrive in the increasingly competitive and evolving legal system. The qualification will achieve the institution's goal of graduating progressive and forward-thinking learners, by providing an articulation pathway for Bachelor of Laws (LLB) graduates, and graduates from other institutions, while addressing the needs of the legal profession.

There are currently no private higher education institutions offering the Master of Laws. By offering this qualification, the institution will broaden the accessibility of furthering postgraduate legal studies in the private higher education space. Furthermore, the offering is aligned with and promotes the Government's National Development Plan (NDP) which provides that "higher education should incorporate a range of different institutions [thus public and private] that work together to serve different priorities allowing learners to take different pathways that offer high-quality learning opportunities. The NDP also expresses that, in relation to the throughput of masters' learners, by 2030 over 25 percent of enrolments at higher education institutions should be at the postgraduate level. The demographic in terms of race depends largely on the number of learners who would be eligible versus those who enrol. The qualification will offer a unique curriculum in both the procedural and practical dimensional approach to law and research, addressing the demand highlighted through legislation, the Government, and prevailing values of society, and widening the availability of the qualification via private higher education.

The qualification is targeted at professionals in practice including Attorneys, Advocates, Prosecutors, Judicial Officers, Legal Advisors, Compliance Officers, Academics, and graduates in possession of a Bachelor of Laws or equivalent qualification. The purpose of enrolling in a master's qualification is to upgrade the skills and /or competencies of legal professionals. Consequently, this will also contribute towards achieving certain educational goals set out in the 2030 NDP. This includes upskilling legal academics within the tertiary sector to produce more academics with doctoral degrees (PhD) or more academics who would be eligible to register for a PhD. The abovementioned legal professionals will be in an age range of 23 - 50 years. Additionally, a report published by Dell Technologies and the Institute for the Future, authored by a panel of 20 technical, business, and academic experts from around the world, states that gaining a postgraduate qualification would aid in creating awareness of the different and emerging areas of law, as 85% of the jobs that will exist in 2030 do not yet exist.

The Department of Higher Education and Training's 2020 List of Occupations in High Demand: Technical Report indicates that University Lecturer, which appears on both the Critical Skills List and List of Priority Occupations List as well as the transversal demand list with specific mention of Law lecturer, is a high demand occupation. Master of Laws is a minimum qualification required for a Law lecturer. The Master of Laws in Integrative Dispute Resolution and Advanced Litigation Techniques would most definitely fill this current gap in the industry.

Furthermore, the following is a list of occupations that either require or benefit from a qualification and are also in high demand:

• Policy and Planning Manager.
• Policy Analyst.
• Company Secretary.
• Organisational Risk Manager.
• Research and Development Manager.
• Legislator.
• Attorney.
• Judges.
• Advocate.
• Legal professionals not elsewhere classified.
• Faculty Head.

The qualification will open an attractive range of career options in both the private and public sectors in South Africa, practice, and non-practice. Graduates would be able to pursue careers as an attorney or advocate, as well as a:

• Public prosecutor/state advocate.
• Legal advisor/legal consultant.
• Judicial officials such as magistrate/judge.
• Academic - in secondary and tertiary spheres.
• Compliance officer.
• Mediator.

The qualification will create a solid foundation for graduates entering the profession or equip those already in the profession with expertise and honed skills to make a positive contribution to the industry and society and enable them to address complex industry-specific queries, and/or continue with their academic pathway towards a Doctoral degree. Graduates will attain a coherent understanding of and ability to critically analyse fundamental legal concepts, principles, and theories; and apply the requisite methods, techniques, and strategies to solve legal problems both theoretically and practically. This will ultimately increase the prospects of employability of the graduate in the multi-faceted and volatile area of legal practice. Employability will in turn contribute to the knowledge economy and add gravitas to the basket of qualifications offered locally and internationally.

Recognition of Prior Learning (RPL)

The institution subscribes to the principles as outlined in the CHE Policies on the RPL, Credit Accumulation and Transfer (CAT), and Assessment in Higher Education as well as the SAQA National Policy and Criteria for the Implementation of RPL.

RPL is framed by the following principles

• Qualifications are not awarded through RPL.
• Credits towards a qualification are not awarded by RPL but can be achieved through the Credit Accumulation and Transfer Process.
• RPL is applied to formal, informal, and non-formal learning achieved through any means other than formal study towards a recognised qualification or part of a recognised qualification, which is normally recognised through a process of CAT.
• Assessments for RPL are carried out by subject matter experts and are normally against the conventional entry requirements or assumptions about learning associated with entry requirements for a qualification.
• RPL information (including institutional RPL policies, criteria, guidelines, codes of conduct, ethics, assessment, moderation, RPL fees, as well as appeals policies) is clearly visible on their respective websites

The institution's RPL and Qualification Completion Policies distinguish between RPL for access, which provides an alternative access route into a programme of learning and RPL for credit, which provides for the awarding of credits for or towards a qualification or part qualification registered on the NQF

RPL for access

• RPL for access concerns admission. Consequently, candidates can only register for the qualification once their RPL application has been approved.
• RPL can be used to give a learner access to a qualification if they have the required prior qualification but not at the performance level normally required.
• RPL can be used to give a person admission to a qualification without having completed a qualification normally required at a lower level.
• Only 10% of any cohort can be admitted through RPL.
• In the case of this master's degree, which is a coursework master's, credit transfer and/or any other RPL principles are accepted as RPL for admission.
• RPL applications are evaluated against the entry requirements to a qualification.

Sites are not permitted to accept candidates with qualifications until the RPL process is complete. This means that successful RPL candidates may have to wait until the next academic cycle to commence the programme.

The RPL processes that are followed to recognise and assess prior knowledge and skills gained through informal, non-formal or experiential learning are as follows:

• Precise identification and articulation of what prior learning is required of candidates embarking on a course of study. This includes identifying what qualifications are normally expected to signify such learning and what the measures for such learning would be in the absence of those qualifications. This work is done by the relevant Head of Programme or other subject matter expert.
• Communication of expectations to candidates verbally and in writing. This is done by the relevant site administrator in collaboration with the site subject matter expert handling the application.
• Presentation by candidates of evidence of prior learning relative to the expectations.
• Assessment of the candidate's presentation of skills, knowledge, and experience by the assessment committee. Documentation of the proposed outcome by the academic responsible.
• Acknowledging, through admission to a course of study, the candidate's skills, knowledge, and experience are built up through formal, informal, and non-formal learning that occurred in the past.

RPL for exemption of modules

• Learners may apply for RPL to be exempted from modules that form part of the qualification. For a learner to be exempted from a module, the learner needs to provide sufficient evidence in the form of a portfolio that demonstrates that competency was achieved for the learning outcomes that are equivalent to the learning outcomes of the module.

RPL for credit

• Learners may also apply for RPL for credit for or towards the qualification, in which they must provide evidence in the form of a portfolio that demonstrates prior learning through formal, non-formal and/or informal learning to obtain credits towards the qualification.
• Credit shall be appropriate to the context in which it is awarded and accepted.

Entry Requirements

The minimum entry requirement for this qualification is

• Bachelor of Laws, NQF Level 8.

Or

• Postgraduate Diploma in Law, NQF Level 8.

This qualification consists of the following compulsory modules at NQF Level 9 totalling 180 Credits.

Compulsory Modules, Level 9, 180 Credits

• Alternative Dispute Resolution, 30 Credits.
• Integrative Law, 30 Credits.
• Evidence and Litigation Techniques, 30 Credits.
• Advanced Civil and Criminal Procedure, 30 Credits.
• Research Methodology and Mini Dissertation, 60 Credits.

Exit Level Outcomes

1: Demonstrate the acquisition of advanced knowledge of specialised areas of law.

2: Demonstrate the ability to critique and apply new and emerging methods of dispute resolution that harmonize with the traditional approaches to civil and criminal litigation.

3: Demonstrate competence in applying the most appropriate procedure, method, technique, and technologies to resolve legal disputes in a practical scenario.

4: Contribute to the relevant knowledge base by identifying and using an appropriate research methodology and applying a comparative technique, to independently produce a mini dissertation.

Associated Assessment Criteria

Associated Assessment Criteria for Exit Level Outcome 1

• Correctly identify trends in the resolution of legal disputes including litigious and non-litigious forms.
• Adeptly describe the following methods of dispute resolution: alternate dispute resolution, integrative law, evidence and litigation techniques and advanced criminal and civil procedure.
• Critically analyse the following methods of dispute resolution: alternate dispute resolution, integrative law, evidence and litigation techniques and advanced criminal and civil procedure.

Associated Assessment Criteria for Exit Level Outcome 2

• Successfully evaluate the following methods of dispute resolution: alternate dispute resolution, integrative law, evidence and litigation techniques and advanced criminal and civil procedure by accurately providing the advantages and disadvantages of each method in relation to a legal dispute.
• Cogently select an appropriate method of dispute resolution in a given scenario or set of facts.
• Competently demonstrate the application of the selected appropriate method of dispute resolution through verbal and written explanation.

Associated Assessment Criteria for Exit Level Outcome 3

• Efficiently justify the selection of an appropriate dispute resolution method verbally and/or in writing.
• In a simulated environment, successfully resolve a legal dispute utilising the selected method.
• Proficiently record, in writing, the procedure and outcome of the simulated resolution.

Associated Assessment Criteria for Exit Level Outcome 4

• Correctly draft a suitable ethically researchable question in dispute resolution.
• Critically evaluate relevant literature in dispute resolution.
• Correctly select and justify an appropriate research methodology for the drafted research question.
• Successfully collect, analyse, and evaluate data required to address the research question.
• Independently produce a mini dissertation which contains conclusions and/or recommendations using the identified appropriate research methodology and applying a comparative technique.