LW5019 - Civil Dispute Resolution including Professional Conduct

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What will I learn on this module?

In this module you will develop a critical understanding of the methods and processes to resolve civil disputes cost-effectively in England and Wales. You will learn about how the contexts in which disputes may arise and the objectives of parties in disputes, and the ways in which those objectives can be met in a cost-effective and proportionate way. Topics include:
? Options for resolving civil disputes: litigation, arbitration, mediation and other forms of ADR

? Costs and funding: Methods of funding, costs consequences, possible liability for costs and cost recoveries

? The Civil Procedure Rules, including Practice Directions, Forms and Court Guides (where appropriate)

? Preliminary considerations: limitation, jurisdiction and applicable law

? Pre-action steps and the court’s expectations about pre-action behaviour

? Commencement: the civil court structure, choice of court, issue and service of proceedings

? Responding to proceedings: acknowledgment of service

? Drafting statements of case

? Early termination: judgments in default, summary judgment, Part 36 and other settlement devices

? Evidence: disclosure and inspection, expert witnesses and witnesses of fact

? The court’s case and costs management powers and duties

? Interim applications and interim remedies

? Preparing for trial or settlement.

? Key elements of trial procedure

In addition, throughout the module you will learn about professional conduct and its role in the legal profession in the civil arena. In your learning on this module you will develop the following skills:

? Interviewing

? Fact Management

? Case analysis

? Legal drafting

? Problem-solving

How will I learn on this module?

You will study Civil Dispute Resolution with Professional Conduct in one 12 week semester, and will learn via large group lectures, via Panopto, supported by small group sessions together with tutor guided and student independent learning.
Large group sessions, which are pre-recorded introduce you to key principles and themes of Civil Dispute Resolution, giving you a structured overview of how those principles relate to resolving disputes taking into account procedural rules, professional conduct aspects, case law and other guidance as appropriate. Sessions enable you to understand different topics and develop problem-solving skills, which, in turn, will help you to engage effectively with independent learning and tackle exercises in small group sessions.
Small group sessions focus on developing your skills in applying principles and problem-solving skills in the different topics, using practical exercises, based on a case study. You will use and apply your knowledge and understanding from large group sessions and independent learning to tackle short-answer problem questions. Other guided exercises may build your awareness and recognition of other areas beyond the problem question, to give you a broader overview.
Independent learning enables you to deepen your knowledge and understanding of Civil Dispute Resolution, and includes tutor-guided independent learning to support your engagement in large and small group sessions. Resources available from the dedicated module e-Learning Portal (eLP) include recorded lectures, guided reading using digital online reading lists, interactive self-evaluation tasks and tools which will provide valuable feedback on your learning.
Importantly, you will also learn at work, through reflecting on your experiences and applying your knowledge to your practice in the workplace. The seminars, workshops and lectures will introduce you to theories and concepts and allow you to discuss with the tutors and your peers how these relate to your own work based experiences and practice.

You will be building a portfolio of evidence that illustrates your continued development as a solicitor throughout the third year of the programme. This portfolio will enable you to demonstrate how you have applied your learning from across all third stage modules into your workplace practice.

How will I be supported academically on this module?

You will be supported by a mix of approaches. The Civil Dispute Resolution module is carefully designed to focus on the important concepts and themes in Civil Dispute Resolution, and aims to give you a structured approach to learning and the ability to develop analysis and problem-solving skills. The large group sessions, small group sessions, independent learning and work based learning are designed to be used together to help you to understand the topics covered in an effective, efficient way. Your independent learning, outside scheduled teaching, is tutor-guided, to support your engagement in large and small group sessions – and supported by a dedicated module e-Learning Portal (eLP) which will include recorded lectures, guided reading using digital online reading lists, interactive self-evaluation tasks, including self-test quizzes and other tools. Your module tutor is there to support you, by email, in person or through the eLP, to help you to understand any aspects of the module. Some large group sessions aim to enable students specifically to improve techniques for approaching the assessment.
In small group sessions, you will get valuable feedback on your independent learning from your tutor, and this will be helped by outline answers and structured answer plans being made available, to help you to develop your skills.
As above, your module is also supported by an e-learning portal, which houses all the module learning materials, workshop resources, interactive activities, assessment details and various other support facilities which are provided by the University. In addition, in order to assist you in developing knowledge, you will have access to the University’s library facilities, including extensive electronic resources, eBooks and electronic academic journal articles.
Support will also include opportunities to gain feedback from your Guidance Tutor. The Programme Leader can be contacted in addition to your Guidance Tutor in respect of any problems.

The Programme Administration Team and Student Progress Team are responsible for the non-academic administration of the module, such as receiving your completed assignment, returning your marked assignment and recording your marks. They and the module tutor will contact you throughout the duration of your module with important dates and other issues.

What will I be expected to read on this module?

All modules at Northumbria include a range of reading materials that students are expected to engage with. The reading list for this module can be found at: http://readinglists.northumbria.ac.uk
(Reading List service online guide for academic staff this containing contact details for the Reading List team – http://library.northumbria.ac.uk/readinglists)

What will I be expected to achieve?

Knowledge & Understanding:
You will be expected to:
• Demonstrate knowledge and critical understanding of the underlying concepts, principles and context of substantive areas of Civil Dispute Resolution and be able to initiate and undertake critical analysis within those areas.

• Apply and interpret substantive Civil Dispute Resolution aspects in the wider context of a hypothetical problem.

Intellectual / Professional skills & abilities:
You will be expected to:
• Understand how to apply a range of source material which may include primary, secondary, and other materials, to address Civil Dispute Resolution problems and be able to propose reasoned alternative solutions supported by critical judgement of the merits of particular arguments.

• Recognise ambiguity and uncertainty in the law and procedure and identify potential alternative conclusions and provide supporting reasons for them.

Personal Values Attributes (Global / Cultural awareness, Ethics, Curiosity) (PVA):
You will be expected to:
Develop intellectual independence by being able to ask and answer cogent questions about Civil Dispute Resolution, identify gaps in knowledge and acquire new knowledge.

How will I be assessed?

Please reference impact on end point assessment where applicable. Reference to PSRB competences may also apply.

Formative assessment
On an ongoing basis you will have a mix of formative assessment opportunities including:
? Periodic online multiple choice questions (MCQs) accompanying each topic in Civil Dispute Resolution, synchronised with the sequence of topics in your large group sessions, throughout the delivery of the module. Questions will have feedback on answers.

? Answer plans to problem questions in small group sessions – providing a structure of an answer to a problem question – release synchronised with the end of the delivery of a particular small group session cycle.

? Past assessment questions available, together with points of answer available and (where possible), markers’ comments on good/less good performance.

? Past assessment questions and answers (with grades) available, with anonymised feedback on previous answers.

? In-session formative feedback on your independent learning in your small group sessions

? In-session formative feedback on your independent learning and large group sessions using learning technology (classroom response technology - TurningPoint) in large group sessions

Summative assessment
A single two-hour examination comprising 100% of the module assessment.
In advance of the examination, you will be provided with case study materials giving information about a simulated civil dispute.
You may take into the assessment any permitted materials. These may include the case study materials and any other written materials, including notes, and any textbook.
In the examination, you will be asked questions about the dispute and the application of principles and processes to the steps in resolving the dispute. Additional information about the dispute may be given in the examination.
Your tutors will be looking for your ability to investigate and analyse problems in Civil Dispute Resolution.
The relevant Law School grading and assessment criteria will apply, and be made available from the start of the module. They will be considered in a large group session.
You will be provided with appropriate written or oral feedback (as appropriate), and, as part of your reflective development, such feedback can be used in the preparation of subsequent module assessments on the programme.

Pre-requisite(s)

None

Co-requisite(s)

None

Module abstract

‘Civil Dispute Resolution’ examines the methods by which disputes can be resolved, within and outside litigation. Resolving disputes is a key part of business life, and equally important for individuals. You will learn to evaluate a dispute, identify possible ways to protect clients’ positions, help them to achieve their objectives and outcomes, and to recognise the real constraints of the costs and funding environment in litigation.
Using a blend of pre-recorded large group sessions to understand key themes and principles, tutor-guided independent learning to deepen knowledge and small group sessions to develop your analysis and problem-solving skills, you will learn how Civil Dispute Resolution applies in practical everyday contexts in the real world.
You will benefit from technology-enhanced learning, including webcasts and interactive self-evaluation tools, and feedback opportunities, to build your skills, knowledge and understanding of this important area of law, equipping you for the module assessment (an examination) and beyond, applying what you have learnt to your role as a professional practitioner.

Course info

Credits 20

Level of Study Undergraduate

Mode of Study 5-6 years part-time

Department Northumbria Law School

Location City Campus, Northumbria University

City Newcastle

Start September 2021

Fee Information

Module Information

All information on this course page is accurate at the time of viewing.

Courses starting in 2021 are offered as a mix of online and face to face teaching due to the ongoing Covid-19 pandemic.

We continue to monitor government and local authority guidance in relation to Covid-19 and we are ready and able to flex accordingly to ensure the health and safety of our students and staff.

Students will be required to attend campus as far as restrictions allow. Contact time will increase as restrictions ease, or decrease, potentially to a full online offer, should restrictions increase.

Our online activity will be delivered through Blackboard Ultra, enabling collaboration, connection and engagement with materials and people.

 

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