LW2125: Alternative Dispute Resolution First Sit/Resit Coursework, University of Central Lancashire

Assignment Brief

• This assessment aims to evaluate your understanding and application of Alternative  Dispute Resolution (ADR) principles, theories, and the relevant legal framework. You are expected to demonstrate your ability to analyse and apply these concepts in practical situations and coursework. The assessment is worth 50% of the overall module mark and should take 6 weeks of independent study to complete.  
• Find below a detailed assignment brief, guidance on what you need to prepare, and information on how class sessions support your ability to complete successfully. You’ll also find information on how, where, and when to submit. If you need additional support, please make a note of the services detailed in this document and contact you tutors as soon as possible. 

Assessment question  

Please select one of the three questions and provide a clear and well-structured analysis in your response. Your discussion should integrate relevant concepts, principles and theories to support your analysis and demonstrate a comprehensive understanding of your chosen question. 

Question 1. 
  
In Halsey v Milton Keynes General NHS Trust [2004] EWCA Civ 576, Lord Justice Dyson  contended that:  

“It is one thing to encourage the parties to agree to mediation, even to encourage  them in the strongest terms. It is another to order them to do so. It seems to us  that to oblige truly unwilling parties to refer their disputes to mediation would be  to impose an unacceptable obstruction on their right of access to the court.”  

(A) Analyse the impact of this case and other key cases such as Dunnett v Railtrack plc  [2002] 1 WLR 2434, McParland v Whitehead [2020] Bus LR 699, Lomax v Lomax 

Disclaimer: The information provided in this assessment brief is correct at the time of publication. In the unlikely event that any changes are deemed necessary, they will be communicated clearly via e-mail and a new version of this assessment brief will be circulated. 

[2019] 1 WLR 6527, and Churchill v Merthyr Tydfil County Borough Council [2023]  on the legal landscape regarding compulsory ADR.  

(B) How does mandatory ADR, including automatic referral, court-referred mediation,  and quasi-compulsory approaches, affect the future of dispute resolution in the UK  while considering its potential impact on the court system, legal profession, and litigants. 

Question 2.  

“An [ODR] solution could support asynchronous comms, improve language  misunderstanding and provide secure, confidential case management.” Lord Justice Briggs 

Civil Courts Structure Review: Interim Report, December 2015. 

Examine how the rise of new technologies and the increase in international disputes have influenced the development of Alternative Dispute Resolution (ADR) methods. In your  answer discuss: 

1. The various ways in which technology has changed ADR practices.
2. advantages and potential drawbacks of these developments in ADR.
3. challenges that arise when dealing with disputes involving parties from different  countries, and  
4. how these challenges affect party autonomy, the efficiency and fairness of the  processes 

Question 3. 

You have been appointed a neutral third party in a dispute between a Canadian mining company (Agnico Eagle Mines Limited) and a Brazilian Indigenous community. Agnico  Eagle Mines plans to expand operations on land the indigenous group claims as ancestral territory. The community representatives argue that the mining operations can impact their cultural heritage, traditional way of life, and the environment, including deforestation and pollution of water sources, affecting their livelihoods and well-being. In a private session with the community representatives, the group leader revealed that they might accept a smaller protected area in exchange for significant financial compensation, but they fear backlash from some community members.