SCHOOL : LAW
UNIT TITLE : ALTERNATIVE DISPUTE RESOLUTION
UNIT CODE : LAW 433
UNIT HOURS : 45
PRE-REQUISITE : NONE
Purpose
To introduce students to the skills, techniques and trends in alternative dispute resolution
mechanisms including mediation, negotiation, traditional dispute resolution, international
arbitration and hybrid approaches.
Unit Description:
Unit-level Intended learning Assessment Learning activities Evaluation
outcomes and approaches
Upon successful completion These outcomes will be Teaching Evaluations
of this unit, students will be assessed by a Methodologies and procedures and
able to: multiplicity of the Instructional weights
following assessments Materials
procedures:
1. Appreciate the social i) Synchronous Formative: 50%
online
relevance and i) Lectures interactions Bi-weekly
historical context of (Video/teleconfe assignments 10%
ii) Group discussions rence, live chats,
dispute resolution Term paper 20%
student
models in different presentations…) Group work 10%
iii) Library research
social contexts; Mid-term quiz
ii) Asynchronous 10%
2. Evaluate the theory, iv) Student interactions
practice, and presentations (Discussion Summative: 50%
forum, student
lawyer’s role in the presentations,
v) Seminars and interactive
three main processes 1. Open book
questions and exam 30%
for settling legal answers) 2. Short
vi) Use of electronic
disputes without equipment answer: 20%
litigation: iii) Asynchronous
vii) Application of interaction with
negotiation, course content.
legal studies to
mediation and hypothetical case
scenarios
arbitration;
3. Internalize issues in
alternative dispute
resolution such as
the social
psychology of
conflict resolution
and sensitivity to
cultural differences;
4. Choose, defend, and
demonstrate the use
of a particular
dispute resolution
technique in
addressing a real or
hypothetical
practical example.
5. Develop basic
mediation skills,
including
communication,
analysis, and issue
identification; and
6. Understand the
ethical and legal
ethical issues
surrounding Dispute
Resolution models
and practice
Unit Content [Indicative content]
1. Introduction to the types of dispute resolution other than litigation, including negotiations,
mediations and arbitration
2. Comparison of various forms of alternative dispute resolution
3. Meaning and nature of negotiations
4. Phases of negotiations; techniques of negotiations
5. Role of a negotiator in negotiating process; mediation process
6. Roles of mediator, of the parties and of the advocates
7. Confidentiality in mediation
8. Arbitration: arbitration agreement and its effects – binding or non-binding, arbitrator, conduct
of arbitration and award, enforceability of arbitration agreements and awards; enforcement of
international arbitration awards
9. Alternative dispute resolution mechanisms under the African customary law eg the use of
Alternative Justice Systems (AJS) embraced by the Judiciary in Kenya
10. Legal control of alternative dispute resolution; applicability of alternative dispute resolution to
various areas of law, including family, criminal, environment and business law.
References
Core Textbook
1. Githu Muigai, Arbitration Law and Practice in Kenya (LawAfrica Publishing Limited, eBook 2011)
2. Kariuki Muigua, Settling Disputes through Arbitration in Kenya, (Ladona Publishers 2012)
Textbooks for Further Reading
1. Susan Blake, Julie Browne, and Stuart Sime, A Practical Approach to Alternative Dispute
Resolution, 2nd edition (Oxford University Press 2012).
2. Teply, L, Legal Negotiation in a Nutshell (St. Paul, MN: West Publishing Co. 2005)
Casebooks
1. Stephen B. Goldberg, Frank E.A. Sander, Nancy H. Rogers & Sarah Rudolph Cole, Dispute
Resolution (New York: Aspen, 4th Edition, 2003)
2. J. Folberg, D. Golann, L.Kloppenberg & T. Stiponowich, Resolving Disputes (New York: Aspen,
2005)
CONSTITUTIONS & STATUTES
1. The Constitution of Kenya 2010
2. The Arbitration Act 1995
3. The Civil Procedure Act Cap 21 the Laws of Kenya
4. Civil Procedure Rules 2010
