Dr Joseph Spooner

This course is available on the Executive Master of Laws (ELLM). This course is not available as an outside option to students on other programmes.

Available to Executive LLM students only. This course will be offered on the Executive LLM during the four year degree period. The Law School will not offer all Executive LLM courses every year, although some of the more popular courses may be offered in each year, or more than once each year. Please note that whilst it is the Law School's intention to offer all Executive LLM courses, its ability to do so will depend on the availability of the staff member in question. For more information please refer to the Law School website. 

In today’s global marketplace, commercial disputes can be costly and complex. With over 95% of claims settled outside of court, it is essential for businesses and their advisers to understand methods of alternative dispute resolution (ADR).

This course provides a comprehensive understanding of the strategies and processes used to resolve commercial disputes effectively. You will explore advanced negotiation and mediation techniques designed to achieve practical and sustainable outcomes, while also examining adjudicative methods such as litigation and arbitration.

This is a pivotal moment to study ADR in London. ADR now lies firmly at the centre of the English legal system, as courts deploy their new powers of 'mandatory mediation’ - an ability to order litigants to use mediation to try to resolve civil disputes. Against a backdrop of ongoing discussions regarding litigation funding and the costs of justice, the UK government continues to promote an increasing range of mediation measures.

New arbitration legislation aims to ‘turbocharge’ London’s position as a centre for international dispute resolution. Regulators and ombuds services are exploring ADR reforms to address challenges involved in resolving millions of claims – worth tens of billions of pounds - in consumer financial markets. Meanwhile technological advances change how we approach legal problems and continue to drive visions of digital dispute resolution. 

The focus of the course, which draws on insights from a range of disciplines including law, psychology and economics, is on contemporary dispute resolution theories across a range of settings, with a particular emphasis on how the legal system should understand the interests of disputing commercial parties. An important feature of the course is the way in which it examines the interface between theory and practice. The course aims to assist students in using theories of conflict resolution and dispute management to understand and address contemporary challenges as to how various methods should be used to settle claims in different contexts.

The course will cover the dynamics of disputes, the forms of dispute resolution available - litigation, arbitration, negotiated settlement, and mediation - and how to determine the best choice of resolution system for your client.

Practical case studies, across a range of different sectors and legal practice areas, will help students to practice, apply, and consolidate their learning of theory. By the end of the course, students will be equipped to analyse disputes, design resolution strategies and apply negotiation and mediation skills with confidence.

The course is designed to complement the option on Commercial Arbitration.

24-26 hours of contact time.

Students will have the option of completing a formative assessment set by their teacher. 

Students will also find it useful to access the following books which provide important context for debate about the civil litigation system and negotiation tactics:

• Art Hinshaw et al. (eds) Discussions in Dispute Resolution: The Foundational Articles (Oxford University Press 2021).

This book presents key articles in dispute resolution literature, accompanied by contemporary commentary on the continuing relevance of these classics. It introduces students to fundamental ideas in dispute resolution, while also illustrating the landscape of ideas in this area by explaining why certain texts hold special importance. It is available freely through the LSE Library.

• Hazel Genn, (2009) Judging Civil Justice (The Hamlyn Lectures) Cambridge, Cambridge University Press.

This book provides a really good overview of civil justice reforms across developed legal systems and will alert you to many of the academic and policy debates which have surrounded reform. It is freely available through the LSE Library.

• Henry Brown and Arthur Marriot, (2019) ADR: Principles and Practice, London: Sweet and Maxwell.

This is written by practitioners but also refers to a number of seminal academic studies. It provides a good framework within which to position the more in-depth arguments contained in the academic articles set in each session. Accessible online via LSE Library.

• Roger Fisher and William Ury, (2012) Getting to Yes: Negotiating an Agreement Without Giving In, Random House.

This is a classic text in the field and very simple to read. You can purchase copies very cheaply online and for present purposes it does not matter if you buy an old edition. This book will also help you when we come to study mediation which is often described as a form of facilitated negotiation.

• Carrie Menkel-Meadow, Negotiation: A Very Short Introduction (Oxford University Press 2022)

This is a recently published user-friendly guide to key ideas of negotiation, which is very useful for students new to the topic.

Oral examination (100%).