1. GENERAL: This course will be taught in the second year (2) of the Bar program.
2. COURSE OBJECTIVE : The course aims to challenge students to appreciate the nature of ADR. In particular to: examine applications of ADR techniques to Public Law issues Provide students with a comparison with court-based dispute resolution.
Introduce students to the principles and practice of Negotiation, Mediation and Arbitration running into account the peculiar circumstance of Ghana.
Import practical core skills to students in Negotiation, Mediation and Arbitration (national, customary and international).
3. RATIONALE One of the principal rationale of this course is that effective systems of dispute resolution outside of the courts make important contributions to a nation’s commercial and economic development and advance the citizen’s right of Access to Justice.
4. EXPECTED OUTCOMES At the conclusion of the ADR Course, students will be expected to be: � Familiar with the principles of Negotiation, Mediation and Arbitration (National, Customary and International) � Negotiate more effectively and professionally ; saving their clients money and increasing creativity and productivity in the resolution of disputes � Resolve disputes more effectively and faster � Enhance Access to Justice for the citizen � Acquisition of core skills in Negotiation, Mediation and Arbitration.
5. COURSE CONTENT (A) INTRODUCTION TO CONFLICT (B) NEGOTIATION PROCESS Different Approaches to Negotiation Assessing interests of both parties Opening offers Strategic concessions Why negotiations fail? Breaking Deadlock Negotiating a dispute resolution clause
(c ) THE MEDIATION PROCESS Mediation Defined Why parties should mediate Roles and attribute of mediator Role Plays Video Exercises (d) INTERNATIONAL ARBITRATION Pro and Cons of International Arbitration Conciliation, Arbitration and Mediation versus Litigation Arbitration and Rules National Arbitration Laws Treaties, including the New York Convention and ICSID Choice of governing law Validity and Scope of Arbitration Agreements Role of the Courts Judicial Review Enforcements of Awards Investment Disputes Sovereign Immunity
Designing the Process Drafting the Arbitration Clause Choice of Rules of Arbitration Conduct of Proceedings Initiating Arbitration Constituting the Tribunal Establishing Terms of Reference Discovery of documentary evidence Interim Relief Submitting testimony Hearings Awards Arbitrator Ethics
NATIONAL ARBITRATION AND CUSTOMARY ARBITRATION Critical review of the ADR Bills of Ghana (e) ADR HYBRIDS (f) JUDICIAL CASE MANAGEMENT (g) METHOD OF TEACHING The course will be taught by way of two lectures and one laboratory training session per week. Each Lecture and Laboratory Training session will be two (2) hours duration. (h) METHOD OF ASSESSMENT The course will be assessed by way of three (3) hour written final examination amounting to 70% of final mark and 30% for full participation in Laboratory sessions, Role Plays, Case studies, Video and Media demonstrations at the end of the Semester in which the course is taught. In the three (3) hour examination, students will be required to answer two (2) questions selected from a total of six (6) questions. (i)BOOKS REQUIRED
PUBLISHER AUTHOR TITLE & EDITION Penguin Books Roger Fisher Getting to Yes (Latest Ed) William Ury, Bruce Patton, Gel Cavendish Albert Fiadjoe ADR: A Developing World Perspective, 2004 The Foundation Press,Inc John S. Murray Process of Dispute Resolution: The Roles of Lawyers.
RECOMMENDED VIDEO TAPES CONVENTIONS/ TREATIES/ ARBITRATION RULES/ STATUE NEW YORK CONVENTION ICSID RULES ADR BILL, 2009 (GHANA)