Alternative Dispute Resolution Question Paper
Alternative Dispute Resolution
Course:Bachelor Of Laws
Institution: Kenyatta University question papers
Exam Year:2010
Answer question ONE and any other TWO questions.
Q1.What in your view are the elaborate systems of conflict management,dispute resolution and determination that have been established over the years. (30 marks)
Q2.A mediator helps disputants in the mediation to identify the issues,develop options,consider alternatives and endeavour to reach an agreement.
What process skills does a mediator need to have to be effective in mediation and how does each of those skills aid the mediation process? (20 marks)
Q3.Define an arbitration agreement under the Arbitration Act(1995),and discuss its features,its formal requirements and its essential ingredients. (20 marks)
Q4.The Arbitration Act(1995)defines the term "Arbitration".Discuss this definition and the kind of disputes that are arbitrable and non-arbitrable under the Kenyan Arbitration system.
(20 marks)
Q5.Answer any four(4)of the following questions.
a.)Alternative dispute resolution agents need to be aware of the type of conflict that is presented before them in order to assist clients reach an acceptable settlement.Describe
the two core categories of conflict,and the four different types of conflicts that may arise. (5 marks)
b.)Discuss the concept of "enlightened self-interest"as an important concept in negotiation theory and practice. (5 marks)
c.)What are the general advantages and disadvantages of Alternative Dispute Resolution methods over litigation in resolving disputes? (5 marks)
d.)Discuss psychological traps that a lawyer representing a client in negotiation is likely to fall into in the assessment of a client's case. (5 marks)
e.)Discuss mediation in criminal cases. (5 marks)
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