LL300: Resolving Commercial Disputes: Negotiation, Mediation and Litigation Strategy

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.

Prerequisites: An introductory law course.

Level: 300 level. Read more information on levels in our FAQs

Fees: Please see Fees and payments

Lectures: 36 hours

Classes: 18 hours

Assessment: One examination and one essay

Typical credit: 3-4 credits (US) 7.5 ECTS points (EU)

Please note: Assessment is optional but may be required for credit by your home institution. Your home institution will be able to advise how you can meet their credit requirements. For more information on exams and credit, read Teaching and assessment

This course will help students gain a better understanding of the theories, developments and practical applications of alternative dispute resolution and so will appeal to students working across a wide range of areas .

• Critically evaluate ongoing developments in academic, business, and policy debates relating to alternative dispute resolution
• Discuss the dynamics of disputes and the reasons why people embark on and pursue claims
• Understand the distinctions between different types of dispute resolution processes
• Appreciate how negotiation and mediation theories offer insights into the analysis and resolution of disputes
• Explain how negotiation and mediation theories can be used in practical situations
• Demonstrate improved personal skills through exposure to the everyday dynamics of dispute resolution

The design of this course is guided by LSE faculty, as well as industry experts, who will share their experience and in-depth knowledge with you throughout the course.