Alternative Dispute Resolution

6 ECTS credits
150 h study time

Offer 2 with catalog number 4017489FEW for working students in the 2nd semester at a (F) Master - specialised level.

Semester

2nd semester

Enrollment based on exam contract

Possible

Grading method

Grading (scale from 0 to 20)

Can retake in second session

Yes

Enrollment Requirements

NOTE: registration for this course is only possible for working students. Day students can register for courses whose code ends with an R. At Inschrijven / studentenadministratie@vub.be you must be registered at the VUB as a working student for the current academic year.

Taught in

Dutch

Faculty

Faculty of Law and Criminology

Department

Private Law

Educational team

Jachin Van Doninck (course titular)

Activities and contact hours

18 contact hours Lecture
100 contact hours Independent or External Form of Study

Course Content

In this course unit - as an alternative to judicial dispute resolution - the extrajudicial forms of dispute resolution and conflict resolution are central. This course unit builds on the course unit Judicial Law.

This course unit has three key points: students are offered a critical overview of the alternatives to (traditional) judicial dispute resolution; these alternatives are thoroughly explained and students are invited to experience their functioning in an interactive way. For example, in collaboration with magistrates, lawyers and academics, the functioning of extrajudicial forms of dispute resolution (arbitration, contract law) will be explained, students will be confronted with the changing views of actors of justice (magistrates, lawyers) on ADR and students will be able to taste, with the guidance of an experienced mediator and collaborative negotiator, how these forms of conflict resolution work.

The material will be taught through interactive lectures (workshops, role plays, lectures based on question and answer or input from the students. Where appropriate guest speakers will be called upon). During the lectures, not only the legal background of the different forms of ADR is provided, but also specific ADR skills are taught.

The concrete planning of the lectures (dates, topics, guest speakers) will be announced before the start of the semester via Canvas. The course can be taught in a purely digital setting.

Course material

Digital course material (Required) : Studiemateriaal, Canvas

Additional info

Not applicable.

Learning Outcomes

general

The students:

understand the variety of methods for out-of-court dispute resolution and conflict resolution;
understand the practical importance and social utility of ADR;
are able to analyse and apply the rules set out during the course (e.g. in cases and role plays);
are able to explain the basic concepts and rules studied concerning the different forms of ADR in a coherent argument and to build a logical and critical argumentation about them;
possess the skill and attitudes associated with ADR.

Grading

The final grade is composed based on the following categories:
Other Exam determines 100% of the final mark.

Within the Other Exam category, the following assignments need to be completed:

Exam Other with a relative weight of 1 which comprises 100% of the final mark.

Additional info regarding evaluation

The student will have to carry out a written and/or oral assignment, related to the subject dealt with. These assignments will consist of writing and/or presenting an executive summary, an opinion piece or a personal reflection, performing a SWOT analysis, solving a case, looking for an illustration and/or playing a role play. The student is obliged to carry out the assignment within the set deadline. Late submission of an assignment results in a zero score for that assignment, except in case of force majeure. The assessment criteria on the basis of which the partial assignment is evaluated consist, depending on the nature of the partial assignment, of the verbal or written display of the knowledge acquired, the application of the concepts, techniques and skills acquired, the academic level and the depth of analysis, originality, critical sense, careful use of language and compliance with the guidelines communicated in advance, based on a 70% related score for the content and 30% for the formal aspects of each assignment. Further information about the deadlines and assessment criteria will be communicated in advance per assignment via Canvas.

The overall assessment (final grade) is formed by the average of the assessments per partial assignment. This form of assessment presupposes an active commitment of the students, which is indispensable for this course unit to achieve the learning outcomes.

The student who, due to force majeure, does not (timely) carry out a partial assignment, is offered the possibility to still fulfil this partial assignment when the force majeur has come to an end. If the situation of force majeur compromises more than two assignments, the final grade will be determined by the assignments that have been accomplished. If the force majeur encompasses all assignments, the students will be provided the possibility to sit an oral exam with preparation, provided it is possible to organize such an exam in the same exam period.

Students who have not carried out one or more partial assignments without being able to prove a force majeure situation and therefore fail to obtain a final grade, will be referred to the second session.

For those students who did not pass this course unit in the first sitting time, an oral examination with written preparation will be organized during the second sitting time. This exam will only deal with the subject matter for which the student did not complete or failed the assignment, in order to allow the student to achieve the set learning objectives for the entire subject matter. Assignments that have been passed, cannot be repeated.

Allowed unsatisfactory mark

The supplementary Teaching and Examination Regulations of your faculty stipulate whether an allowed unsatisfactory mark for this programme unit is permitted.

Academic context