Programme Title: Diploma in Alternative Dispute Resolution (ADR)
[Program Code: DADRLAW002]
Teaching Institution: Caribbean Infinity Institute
Programme length: 60 Weeks
Programme Director: David Ellis
Accreditation (if applicable): Barbados Accreditation Council
Entrants to this programme are normally required to have obtained: High School Diploma or CXC
Alternative Dispute Resolution (ADR) is quickly becoming one of the fastest growing fields in Business and Law. In this program students will learn the processes and laws as they relate to Mediation and Arbitration. An exploration of various kinds of ADR agreements and how they may be worded and placed into Business contracts will be undertaken to ensure that students are versed not only in the processes of ADR but also the drafting of legally sound ADR agreements for business purposes.
Programme Learning Outcomes
Students will learn the processes and laws as they relate to Mediation and Arbitration. ADR agreements and how they may be worded, drafted and placed into Business contracts to ensure that students are versed and legally sounded in ADR agreements for business purposes.
Knowledge and Understanding
Knowledge and understanding of: Teaching/learning methods and strategies
Assessment: Written tests, “practicals”, term papers, projects tests, quizzes and final exam.
Skills and Other Attributes
Intellectual skills – able to: Teaching/learning methods and strategies
Assessment: Written tests, “practicals”, term papers, and projects tests and quizzes and final exam.
Practical skills – able to: Teaching/learning methods and strategies
Assessment: Written tests, “practicals”, term papers, and projects tests, quizzes and final exam. Mock trials
Transferable skills – able to: Teaching/learning methods and strategies
Assessment: Written tests, “practicals”, term papers, and projects tests, quizzes and final exam. Mock trials
Diploma in Alternative Dispute Resolution (ADR)
Program Code: DADRLAW002
Module 1: 15 Weeks 45 Hours
ADRELAW00 – Ethics and Definitions of ADR
|COURSE CODE||COURSE NAME||COURSE DISCRIPTION|
|ADRCAN01||Canada||The ADR institute of Canada (ADRIC) is recognized as Canada’s preeminent Alternative Dispute Resolution (ADR) professional organization. ADRIC sets the standard for best practices for ADR in Canada and provides leadership, value and support to our individual and corporate members and to our clients. They provide education and certification, promote ethical standards and professional competency, and advocate for all forms of ADR for public and private disputes. This Module will examine this organization’s rules of conduct and explore how ADR has been implemented in this Jurisdiction.|
|ADRUSA02||The United States||The not-for-profit American Arbitration Association (AAA)-International Centre for Dispute Resolution (ICDR) is the largest private global provider of alternative dispute resolution (ADR) services in the world and also the premier association for alternative dispute resolution in the US jurisdiction. Students will learn how this body approaches ADR concepts and the exception to UNCITRAL model law in the US.|
|ADREBA03||Europe, BRICS and Asia||The Chartered Institute of Arbitrators is a learned society that works in the public interest to promote and facilitate the use of Alternative Dispute Resolution mechanisms in the United Kingdom and Europe. This class will examine the rules of the CIA and how it monitors the practice of ADR in Europe, BRICS and Asia|
Module 2: 15 Weeks 45 Hours
ADRIND00 – ADR in Industry
|COURSE CODE||COURSE NAME||COURSE PROGRAM|
|ADRCRR01||Construction Rules and Regulation
|Construction agreements usually provide for disputes to be dealt with by agreed dispute resolution procedures involving mediation, adjudication and arbitration. Often a combination of all three. For example, the New Engineering Contract (NEC) Engineering and Construction Contract, the Joint Contracts Tribunal (JCT) 16 Standard Form of Building Contract, and the Fédération Internationale des Ingénieurs-Conseils (FIDIC) Conditions of Contract. This class will take the student through the rules of Mediation and Arbitration with regard to construction disputes in varying jurisdiction.|
|ADRMED02||Medical Mediation and Arbitration||Medical ADR: An arrangement in which the patient waives the right to sue the physician and, instead, agrees to submit any dispute to arbitration or mediation. Arbitration agreements are legal and binding. Mediation agreements are not. The arguments in their favor are that, for patients, the case can be settled faster, and more money can go to the patient (rather than to a lawyer). Physicians can often get a discount on their malpractice insurance if the majority of their patients sign such agreements. This Class explores the complications of Medical Malpractice and the role which ADR plays in the settling of these disputes.|
|ADRFAM03||Family Mediation and Arbitration||When relationships and marriages break down, people usually try several ways of settling matters with each other. Those ways often include attempts to negotiate a deal directly with each other; working with a family mediator; and/or retaining family lawyers to negotiate a deal, including collaborative family lawyers. This class explores the various approaches to family Mediation and Arbitration and instances where Family ADR is not appropriate.|
|ADRAUT04||The Automotive Industry||ADR (Alternative Dispute Resolution) as it relates to the automotive industry is a means of settling disputes without resorting to the courts. Settling disputes using ADR is usually a free or low cost way of resolving a dispute between a consumer and a trader and is normally faster and cheaper for both consumers and traders than the civil courts. This course focuses specifically on the Consumer/trader Relationship and how ADR agreements are included in the sales contracts in this industry|
|ADRINT05||International Dispute Resolution||International arbitration is the process of resolving disputes between or among transnational parties through the use of one or more arbitrators rather than through the courts. It requires the agreement of the parties, which is usually given via an arbitration clause that is inserted into the contract or business agreement. The decision is usually binding. This Class examines why Mediation is not the “go to” form of dispute resolution when state actors are involved in a dispute and the laws of International Dispute Resolution.|
Module 3: 15 Weeks 45 Hours
ADRINT00 – International Alternative Dispute Resolution
|COURSE CODE||COURSE NAME||COURSE DISCRIPTION|
|ADRTRO01||Introduction to ADR
|This class provides an introduction to the basic principles of international Dispute Resolution in international business transactions.|
|ADRJUR02||Establishing the right jurisdiction
|This class examines the following concepts in international dispute resolution:
Arbitration or court proceedings?
o Validity of arbitration agreement?
o Incidental issues such as validity of contract and authority of agent?
o Which law is applicable to these?
o Has the forum got jurisdiction?
o Jurisdiction in more than one country – potential exploitation of forum shopping
|ADRAPP03||Establishing the applicable law||This class concentrates on teaching the student the uses of the correct law as per the ADR agreement. Topics Covered are:
o Any Conventions to observe? Are these multilateral or bilateral
o Location of court
o Are there any internal or domestic rules of private international law to observe such as the Rome Convention?
o Are the parties involved contracting countries to the convention? What is the scope of the convention – territorial, subject matter, temporal?
|ADRFAC04||Identifying and discussing the connecting factors||The connecting factors of a dispute relates to the elements of the ADR contract which determine the procedure o be implemented. Topics included here are as follows:
o Domicile of parties
o Place where the contract was concluded – lex loci contractus
o Place where the contact was to be performed – lex loci solutionis
o Issues of Renvoi – Excluded by Article 15 of the Rome Convention.
|ADRFOR05||Foreign Law in English courts||This class asks 4 questions of the prospective Judge/Arbitrator. Once all are answered in the affirmative, he can apply the foreign law to the case:
o Is the foreign law the applicable law?
o No prohibition of applying the foreign law?
o Is the foreign law pleaded and its application established by the party wanting to rely on it?
o Is the foreign law sufficiently proven?
Module 4: 15 Weeks 45 Hours
ADRPROS00 – ADR Processes
|COURSE CODE||COURSE NAME||COURSE DISCRIPTION|
|ADRCAT01||Characterization||In order to apply the suitable “choice of law” rule we have to categorize the factual scenario into a precise legal category and go from there. In other words: This is the process of finding legal categories in which the scenario might fit. Then we look at the facts of the case and find out in which category they fall. So, we are asking for the relevant issue.|
|ADRCID02||Incidental Issues||Once we have found more than one issue falling into different categories, we have to identify which one is the leading one and identify the additional issue within this process.
E.g. the rights and duties of the parties under a contract will depend on the validity of the contract, which will depend on the capacity to contract of the parties involved. So, we will identify the lex contractus – domestic and conflict rules – and take it from there.
|ADRCFT03||Connecting Factors||Connecting factors are the link between the event and the country. Once we know the choice of law rule, the connecting factor will lead us to the country whose law is to be applied. Eg: In tort, the law of the place where the tort took place provides the applicable law – the lex delicti. Regarding the formal validity of a marriage it is the law at the place where the marriage is celebrated, regarding the essential validity of the marriage depends on the law of the country where the couple is domiciled – the lex domicilii. The law of the country in which the land is situated – the lex situs, determines the title to land.
So the connecting factors can be:
o the place where the tort took place,
o the place where the marriage was celebrated;
o the domicile;
o the place where the land is situated;
o the habitual residence
o the place where a contract has its closest connection.
|ADRVOI04||Renvoi – The meaning of application of foreign law||What is meant by foreign law? The domestic law of the particular country or the conflict rules/private international law of the country?
o The domestic law of the chosen country?
o All the law – the domestic law and the private international law, and if this leads on to a different law/to refer back to English law to interpret this as the domestic law?
o All the law – the domestic law and the private international law, and if this leads on to a different law/to refer back to English law to interpret this again as all of the law including the conflict rules referring back? One then will have to ask what the foreign judge hearing the case would do. (Foreign court theory or total renvoi. – This happens to have a good effect in the prevention of forum shopping)
|ADRLEX05||Lex fori||The law of the forum is applied to procedural matters and will usually override conflicting rules of the lex causae.
o Personality and competences allowing a person to sue and be sued
o Nature of remedy and method of enforcement.
o Interlocutory procedure, however limitation by international agreements and comity.
o Limitation of action which merely bar the action, but Foreign Limitation Periods Act 1984 stipulates this as a matter of the substantial law.
|ADREAR06||Hearings Preparation and Procedure||Mock Trials
Module Title Module Code
|Module 1 Ethics and Definitions of ADR||ADRDEF00|
|Module 2 ADR in Industry||ADRIND00|
|Module 3 International Alternative Dispute Resolution||ADRINT00|
|Module 4 ADR Processes||ADRPROS00|
|Module 5 N/A|
Module Code Module Title
Part-time or modular arrangements
|a) Letter Code||Description||Included in Credits Earned||Included in Credits Attempted||Included in GPA||Quality Points|
The criteria to complete each year of study other than the final year and to progress to the next year/level, learners are required to: In addition to the GPA requirements, a student must successfully complete at least 67% of the credits attempted each grading period in order to be considered to be making satisfactory academic progress. Credits attempted are defined as those credits for which students are enrolled in the term and have incurred a financial obligation. As with the determination of GPA, the completion requirements will be reviewed at the end of each term after grades have been posted via electronic mail as well as the local post to determine if the student is progressing satisfactorily.
What must the learner achieve to move from one level in the programme to the next or to successfully complete the programme, or for entrance to other programmes. Examples of progression requirements are as follows:
- pass (i.e. achieve 50%) all mandatory modules; and
- pass ((i.e. achieve 50%) in modules amounting to 90 credits; and
- achieve a minimum overall average of 50% across all modules and a minimum mark of 45% in all modules
Learners who fail to satisfy the above criteria will be required to resit all modules in which they obtained a mark of less than 50%.
- Students in a general Bachelor of Arts/Bachelor of Science programme (without a major) may progress and graduate if an overall GPA of 4.00 is achieved. Students with a cumulative GPA of less than 4.00 but not less than 2.00 will be allowed to proceed on academic probation for 4.0 further credit attempts. A student with a GPA of less than 2.00 must withdraw from the University. Academic decisions are made at the completion of each full year of study in May or upon completion of 4.0 credit attempts (passed or failed attempts). Students who fail more than 5.0 credits (or equivalent, including repeated courses) will be required to withdraw from the university.
This field should detail how the assessment for the programme is structured to ensure the effective testing of the learning outcomes. In other words, the assessment methods used should be such that all learners will be able to demonstrate achievement of the learning outcomes to the bet of their ability. It should be noted that programme assessment is typically conducted via course assessments. Before including a learning outcome in a programme the provider must be sure that the programme comprises courses that will allow the learners to demonstrate actual achievement of that learning outcome.
All assessment is usually conducted in the immediate context of the courses that comprise the programme. The intended learning outcomes however are generic to the programme as a whole.
Support for students and their learning:
This section should set out the learning and teaching approaches for the programme. Consideration should be given to how the teaching approaches used will support learning and thus the achievement of the intended learning outcomes. Some approaches will be more appropriate than others for the development of specific types of learning. For example, lectures and seminars are often used to develop knowledge and understanding of a subject. Practical skills will be developed through opportunities to practise an activity in the appropriate learning context. Learning support may be provided through workbooks or guidance/learner manuals.
Programme Structure and Features
This section should include an easily understood description of the programme structure – basic curriculum information e.g. structure and credit value of the courses year by year and exit awards available on completion of each stage of the programme. If any courses are taught in a language other than English, then this must be specified here. If a web link to existing supplementary information is available, this can also be provided here, particularly if it is in diagrammatical or tabular form.
Total number of credits required for award of (name of qualification): Diploma in Alternative Dispute Resolution
|Year 1||Course title||Credit Rating||Core course||Optional Course|
|Module 1||ADRDEF00 – Ethics and Definitions of ADR||1.Canada
2.The United States
3.Europe, BRICS and Asia
|Module 2||ADRIND00 – ADR in Industry||1.Construction Rules and Regulation
2.Medical Mediation and Arbitration
3.Family Mediation and Arbitration
4.The Automotive Industry
5.International Dispute Resolution
|Module 3||ADRINT00 – International Alternative Dispute Resolution||1.Introduction to ADR
2.Establishing the right jurisdiction
3.Establishing the applicable law
4.Identifying and discussing the connecting factors
5.Foreign Law in English courts
|Module 4||ADRPROS00 – ADR Processes||1.Characterization
4.Renvoi – The meaning of application of foreign law
6.Hearings Preparation and Procedure
The following information may be included in this section as text or web links, if applicable:
- opportunities for placement or overseas study;
- assessment scheme;
- reference to the grading scheme or an explanation of the primary grades, especially if these are used to describe progress requirements;
- progression requirements and whether satisfaction of these requirements would automatically lead to entry to later stages of the programme;
- modes of study (e.g. full-time, part-time, or distance education) and any differences that may apply if studying via a particular mode;
- issues specific to professional programmes (e.g. requirement to undertake clinical or school/work experience placements) or to programmes accredited by professional, accreditation or statutory bodies.
Career prospects/Occupational outcomes:
The School provides jog search assistance to graduates in good standing for as long as the graduate continues to cooperate and work with the School. The School cannot and does not promise or guarantee employment upon graduation. Embarking on a course of education typically enhances one’s thinking and potential productivity. The concentrated programs offered at the Institute require a significant commitment of time and effort. There is also the risk that, due to market fluctuations, personal issues or other factors, some graduates are unable to find employment in their field of training within a time frame that is acceptable to them. Therefore, they elect to pursue other career options; some use their training indirectly and some do not. At the outset, no one believes that (s) he will be one of the group that does not find employment in his/her chosen field. However, any student, regardless of background or competence, may fail to become employed.
Job search assistance will be in the form of some or all of the following:
- Interviewing skills seminars
- Resume preparation seminars
- Job search techniques seminars
- Interviewing scheduling
This section provides the opportunity for the provider to present concise yet relevant information that will put forward a more rounded picture of the teaching and learning environment within the school to enhance to informative and promotional function of the programme specification. The provider is encouraged to emphasise areas where the school or subject area has distinctive features such as good IT facilities, using materials from the University’s archives in teaching and learning, etc. Examples of relevant information that could be included in this section are:
- school specific library and IT facilities;
- student support systems or services;
- employability or other school initiatives;
- student feedback and representation opportunities;
- illustrations of employment or further study undertaken by recent graduates;
- reference to more detailed information on the programme and/or school such as publications or web links.
Date of Production/Revision
The date of initial production or revision should be provided here.
Please note that this specification provides a concise summary of the main features of the programme and learning outcomes that a typical student might reasonably be expected to achieve and demonstrate if he/she takes full advantage of the learning opportunities that are provided. More detailed information on the learning outcomes, content and teaching, learning and assessment methods of each module/course can be found in the module/course description and in the programme handbook. The (name of school) reserves the right to modify this specification at any time after production, in unforeseen circumstances, or where the process of educational development and feedback from learners, internal quality assurance processes or external sources such as professional bodies or quality assurance/accreditation bodies, requires a change to be made. In such circumstances a revised specification will be issued.