ADR Core Module study plan

Map the ADR spectrum (negotiation, mediation, conciliation, adjudication, expert determination, arbitration, ODR) onto a one-page comparison grid by process features, not labels.

Distinguish the legal sources that govern each process: contractual autonomy, institutional rules, national arbitration statutes modelled on the UNCITRAL Model Law, and any applicable treaty framework for recognition and enforcement.

Explain to a non-lawyer, in under 200 words of written prose, why party autonomy and finality are the twin policy pillars of consensual ADR.

Identify the mandatory-law limits that ADR clauses cannot contract around in a typical civil-law and common-law jurisdiction, and note where you are uncertain rather than guessing.

List the main institutional rule sets (e.g. ICC, LCIA, SIAC, HKIAC, CIETAC, AAA/ICDR) and record for each whether it is a standing institution, an ad hoc appointing authority, or both.

Draft a valid multi-tier dispute resolution clause (negotiation, then mediation, then arbitration) and annotate each drafting choice against enforceability risks.

Analyse how a court decides whether a dispute falls within the scope of an arbitration agreement, using the separability doctrine and the competence-competence principle.

Compare the seat, the venue of hearings, and the governing law of the arbitration agreement, explaining why confusing them causes litigation.

Summarise the grounds on which a national court may refuse to refer parties to arbitration when a valid agreement is invoked, and note jurisdictional variation.

Build a glossary of 25 core ADR terms with a one-line definition each, written in your own words.

Sequence a full mediation from pre-mediation intake through convening, opening statements, joint session, private caucuses, option generation, and closure.

Practise writing a mediation agreement to mediate that fixes confidentiality, authority to settle, fees, and the mediator's role.

Distinguish facilitative, evaluative, transformative, and settlement-oriented mediator styles and state when each is appropriate.

Explain how confidentiality, without-prejudice privilege, and admissibility rules interact in mediation, and identify the standard exceptions (e.g. threats, criminal conduct, mandatory reporting).

Draft a mediation session plan for a two-party commercial dispute, including caucus strategy and a BATNA/WATNA analysis for each side.

Run a simulated mediation as mediator for at least 45 minutes, then write a self-assessment identifying three technique errors and one corrective action each.

Apply interest-based negotiation to separate positions from interests in a written case analysis, listing at least five underlying interests per party.

Explain the negotiation concepts of BATNA, reservation point, ZOPA, anchoring, and integrative versus distributive bargaining, with a worked numeric example.

Identify three cognitive biases (e.g. anchoring, framing, reactive devaluation) and describe a mediator intervention that counteracts each.

Draft the settlement terms reached in the simulation as a term sheet suitable for conversion into an enforceable agreement.

Draft a request for arbitration and a response that satisfy the essential content requirements of a chosen institutional rule set.

Explain tribunal constitution: party nomination, institutional appointment, sole versus three-member tribunals, and challenge and replacement of arbitrators.

Compare institutional and ad hoc arbitration on cost, control, timetable, and enforceability, and justify a recommendation for a stated fact pattern.

Outline the procedural timetable from first case management conference to evidentiary hearing, including document production and witness evidence.

State the arbitrator's disclosure duty and the standard for challenge for lack of independence or impartiality, noting where standards diverge between institutions.

Draft an enforceable award checklist covering form, reasoning, signature, place and date, and correction of clerical errors.

Distinguish setting aside at the seat from resisting enforcement elsewhere, and list the limited grounds available at each stage.

Explain the New York Convention enforcement mechanism, including the pro-enforcement bias and the public policy exception as narrowly construed.

Analyse when an award may be refused enforcement for excess of jurisdiction, and how severability of the award affects the outcome.

Compare enforcement of arbitral awards with enforcement of mediated settlement agreements, including the added enforceability options now available for mediated outcomes.

Differentiate conciliation, adjudication, expert determination, and ODR from mediation and arbitration on bindingness, procedure, and typical use cases.

Explain dispute adjudication boards and statutory adjudication for construction and payment disputes, including the interim-bindingness concept.

Describe how ODR platforms handle jurisdiction, identity, evidence, and due process, and identify the main fairness risks of automated processes.

Apply the core ethical duties (impartiality, independence, confidentiality, competence, disclosure of conflicts, no misleading fee arrangements) to three realistic dilemma scenarios.

Write a short reasoned position on whether a mediator may give a settlement recommendation in a caucus, and state the conditions under which it is defensible.

Redraft your week 2 multi-tier clause after full review, correcting every identified defect and justifying each change in one sentence.

Draft a complete mediated settlement agreement containing payment terms, confidentiality, release, non-disparagement, and a dispute resolution clause for any residual disputes.

Draft a short arbitration clause for a specific transaction (e.g. cross-border sale of goods) that fixes seat, language, number of arbitrators, and governing law.

Complete a timed 60-question mixed mock exam across all eight domains and score it, recording error patterns by domain.

Review flagged uncertain items from earlier weeks and resolve or explicitly mark each as needing external verification.