LABORATORY OF ADR & ARBITRATION

PRACTICE MODULE

ALTERNATIVE DISPUTE RESOLUTIONS AND ARBITATION

Course : ADR & Arbitration

Code/Credits: IH51508 / 3 SKS

Type: Obligatory/Required

  1. Course Description

Alternative Dispute Resolutions and Arbitration is an Obligatory course for undergraduate student of Faculty of Law. Students have to take the course without exception. As a course in the field of business, this course emphasizes the practical aspect in non-litigation. Generally, ADR & Arbitration course is the theoritical aspect which become the main knowledge to understand about how to solve disputes in non-litigation way, then later Students will be asked to simulated the process of the non-litigation system.. Without enough knowledge on ADR & Arbitration, students will find difficulties during the activity of the non-litigation simulation (Moot ADR and Arbitration).

The study method or transfer of knowledge of Moot ADR and Arbitration basically consists of two parts, such as: theoritical lecturing, as the introduction for practice; and transfer of skills lecturing, by practice. Theoritical materials are given in the first meeting before middle semester. Not only to refresh students’ knowledges, this will also needed to uniforming perception on concepts of ADR & Arbitration in practice, as the lecturers ofMoot ADR and Arbitration are practitioners whom are experts in the field of ADR & Arbitration.

Lecturers of this course are practitioners whom have background in ADR & Arbitration such as Advocate, Arbitrator, Negotiator, Mediator, and etc. The role of those practitioners as lecturers in this course considered to understand more about ADR & Arbitration, theoritically and practically. Those practitioners will have the strategic role in order to compare the syncronization between theory and practice on ADR & Arbitration to the students.

Study methods of Alternative Dispute Resolutions and Arbitration derived with several techniques, such as lecturing/tutorial, discussion/dialogue, practice in making legal drafts such as lawsuits, ADR and Arbitration clauses, to Awards and legal action that can be applied. In certain discussions, this course will also doing the on the spot judicial monitoring to places related to ADR and Arbitration.

Final of the study method is to organize a moot. Moot ADR and Arbitration is really important for lecturers and students as a benchmark in order to rate how understand students with the course. Besides, students will also able to directly know how is the practical process of ADR and Arbitration.

  1. Course Purposes

After joining and finishing this course, students are able to understand the practice of ADR and Arbitration. Students are also able to apply the theories learned from ADR and Arbitration course in Moot ADR and Arbitration. Therefore, students are finally able to compare both aspects of theries and practices.

In the more strategic point of view, the purpose of this course with the practical method directly with the materials arranged will also dynamized the theoritical and practical knowlege of students, and they will also able to discuss and solve issues related to this course.

  1. Course Plan
  1. Practitioners as Lecturers

To guarantee the effectiveness of study process by actively involving students, this course will be organized with paralel class, where each class consists of 48 students.

Practitioners as lecturers in this course consist of Advocate, Arbitrator, Negotiator, Mediator, and etc. whom have background in ADR & Arbitration. Lecturer in each class is the coordinator of the class from the begining to the final valuation. The responsibility of lecturer comprises of: lecturing, providing materials, making sure the students actively participating in class and coordinate with other lecturers to syncronize materials and study method in order to equalize the course.

LABORATORY OF ADR & ARBITRATION

  1. Course Materials

Students have to read all references related to the course, written in page 11.

STUDY PLAN PER MEETING

Meetings / Topic (Materials) / Lecturer / Study Method
1. /
  • Overview of ADR & Arbitration
  • Overview of Comparative law related to ADR & Arbitration
/ Course coordinator /
  • Lecturing
  • Providing Case Law
  • Stimulating the discussion
  • Students working individually/in group.

2. /
  • Differences of litigation and non-litigation (ADR & Arbitration)
  • Differences of non-litigation systems
  1. Negotiation
  2. Mediation
  3. Conciliation
  4. Arbitration
/ Lecturer /
  • Lecturing
  • Providing Case Law
  • Stimulating the discussion
  • Students working individually/in group.

3. /
  • Introduction to Negotiation
  1. Definition
  2. Approaches
  3. Theory process
  4. Tactics
  5. Cases
/ Negotiator /
  • Lecturing
  • Providing Case Law
  • Stimulating the discussion
  • Students working individually/in group.

4. /
  • Formating a negotiation group
  • Setting a negotiation scenerio
  • Conducting business negotiation simulation (role play)
/ Negotiator /
  • Lecturing
  • Providing Case Law
  • Stimulating the discussion
  • Students working individually/in group.
  • Practice/simulation.

5. /
  • Introduction to Mediation
  1. Definition
  2. Approaches
  3. Theory process
  4. Tactics
  5. Cases
/ Mediator /
  • Lecturing
  • Providing Case Law
  • Stimulating the discussion
  • Students working individually/in group.

6. /
  • Formating a mediation group
  • Setting a mediation scenerio
  • Conducting business mediation simulation (role play)
/ Mediator /
  • Lecturing
  • Providing Case Law
  • Stimulating the discussion
  • Students working individually/in group.
  • Practice/simulation.

7. /
  • Introduction to Conciliation
  1. Definition
  2. Approaches
  3. Theory process
  4. Tactics
  5. Cases
/ Conciliator /
  • Lecturing
  • Providing Case Law
  • Stimulating the discussion
  • Students working individually/in group.

  • THERE ARE NO CLASS AND EXAMINATION OF THE COURSE DURING MID SEMESTER TEST

8. /
  • Formating a conciliation group
  • Setting a conciliation scenerio
  • Conducting business conciliation simulation (role play)
/ Conciliator /
  • Lecturing
  • Providing Case Law
  • Stimulating the discussion
  • Students working individually/in group.
  • Practice/simulation.

9. /
  • Introduction to Arbitration
  1. Definition
  2. Approaches
  3. Theory process
  4. Tactics
  5. Cases
/ Arbitrator /
  • Lecturing
  • Providing Case Law
  • Stimulating the discussion
  • Students working individually/in group.

10. /
  • International and Domestic Arbitration
  • Comparing International and Domestic Arbitration on theory and practice
/ Arbitrator /
  • Lecturing
  • Providing Case Law
  • Stimulating the discussion
  • Students working individually/in group.

11. /
  • Formating an arbitrationgroup
  • Setting an arbitration scenerio (domestic or international)
/ Arbitrator /
  • Lecturing
  • Providing Case Law
  • Stimulating the discussion
  • Students working individually/in group.

12. /
  • Arbitration Mootcourt Simulation
/ Arbitrator /
  • Practice/simulation

13. /
  • Arbitration Mootcourt Simulation
/ Arbitrator /
  • Practice/simulation

14. /
  • Arbitration Mootcourt Simulation
/ Arbitrator /
  • Practice/simulation

LABORATORY OF ADR & ARBITRATION

D. Evaluation

1.Evaluation Component

Evaluation consists of several component, such as:

  1. Practitioners50%
  2. Moot Simulation50%

No. / Elements of Evaluation / Maximum Points
a. / Class Evaluation by Practitioners (50%):
  1. Assignments
  2. Participation, Activeness, Analysis, Argumentation
  3. Attendance
/ 20
25
5
b. / Moot Evaluation (50%):
  1. Completion of Drafts (Substantial and Systematic)
  2. Performance
  3. Inovation and Originality
/ 20
20
10

TOTAL 100

2. Final Score

Students are considered pass the course if they get score in all activities, which consist of evaluation by Practitioners and Mootcourt. Students are considered pass the course if they get minimum score of C.

The score point are:

  • A: 80 – 100
  • B: 66 – 79
  • C: 50 - 65

E. Anticipation

  1. For students who did not fulfill the minimum attendance percentage of 80%, will be disqualified from the course and will not be evaluated in the end.
  2. For students who did not participated in part or all in the process of drafting and Moot, will be disqualified and will not get the score of Moot.
  3. For students who did not join the discussion will not get the score of Participation, Activeness, Analysis, and Argumentation.

REFERENCES

  1. ADR, Alternative Dispute Resolution & Arbitrase, Suyud Margono, Ghalia Indonesia, Jakarta, hal 23-48.
  2. Arbitrase Dan Alternatif Penyelesaian Sengketa, Suatu Pengantar, H.Priyatna Abdurrasyid, PT.Fikahati Aneska, Jakarta, hal 10-21.
  3. Cara Menyelesaikan Sengketa diluar Pengadilan, Jimmy J Sihombing, Visimedia, Jakarta, 2011.
  4. BANI Rules
  5. BAMUI Rules
  6. BAPMI Rules
  7. Yurisprudensi Mahkamah Agung tentang Arbitrase
  8. UNCITRAL
  9. ASIL Guide to Electronic Resources for International Law American Society of Comparative Law