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Programme Specification

1. 2. 3. 4. 5. 6. 7. Awarding Institution / Body : Teaching Institution : Programme Accredited By : Final Award : Programme Title : UCAS Code : QAA Subject Benchmarking Group: LEEDS METROPOLITAN UNIVERSITY As above Chartered Institute of Arbitrators (CIArb) MSc Construction Law & Dispute Resolution MSc Construction Law & Dispute Resolution N/A Building and Surveying

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Aims of the Programme

The aims of the programme are: To provide an effective, coherent and intellectually challenging postgraduate education in construction law and dispute resolution; To enhance students' abilities in the identification and evaluation of appropriate decision making strategies; To develop research capability and cognitive skills which enable students to analyse problems in their professional context. 9. Intended Learning Outcomes Students who complete the MSc in Construction Law & Dispute Resolution will be able to: Critically evaluate construction contract doctrines and drafting; Demonstrate a detailed awareness and understanding of the knowledge, skills and values involved in conflict management; Contribute effectively to the avoidance and resolution of construction disputes; Demonstrate some of the skills and competencies required in the fields of an expert witness, construction lawyer, adjudicator, arbitrator and mediator and to contribute effectively in areas of construction law, and the practice and procedure of dispute resolution relevant to the student's professional environment; Exercise sound professional judgement, understand the perspectives of other professionals and make a positive, informed contribution to matters outside their areas of expertise in the context of construction law and dispute resolution issues; A Knowledge & Understanding The course provides opportunities for students to: Broaden and deepen their knowledge of construction law; Identify problems in construction and contractual disputes and define possible solutions; Conduct research and analysis relating to construction law and dispute problems; Apply appropriate methods of dispute resolution in a variety of situations; Study appropriate documentation for dispute management; Develop contractual expertise;
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Jan 2010

Develop a knowledge of the statutory framework surrounding dispute resolution.

B Skills & Other Attributes The course provides opportunities for students to: Implement solutions to problems and evaluate their effectiveness; Evaluate evidence; Plan for effective dispute resolution; Develop advanced communication, personal and social skills; Take a proactive approach to professional development; Apply statutory requirements to dispute situations; Develop the independent learning ability required for continuing personal development; Demonstrate self-direction and originality in tackling and solving problems, and act autonomously in planning and implementing tasks at a professional or equivalent level.

C Assessment, Learning and Teaching The course is offered on a distance learning basis only. This is however accompanied by a full-day optional workshop to support each law module and two full-day workshops to support to each dispute resolution module. Students unable to attend these workshops will be required to participate in online assessed tutorials (for those modules in which assessment is partially undertaken during workshops). Lectures delivered during the workshop sessions and significant interactive components of the workshops will be streamed online via the Universitys virtual learning environment (X-Stream) within one week of the workshop. The course employs a Learning and Teaching Strategy which seeks to bring together knowledge, skills and understanding. These will enable students to become effective and critically aware in the identification and evaluation of appropriate decision-making strategies, and to develop research capability and cognitive skills necessary to analyse and resolve problems in their professional context. The acquisition of knowledge and skills is seen as progressive and cumulative as students gain capability and move towards greater independence. Teaching and learning methods during the workshops also aim to enhance collaborative working and group skills as well as the abilities of the independent researcher. Each module is fully supported with extensive use of X-Stream (the Universitys VLE) which contains a variety of directed reading, tutorial questions and self assessment tests. There will also be periodic, interactive, online sessions with the module tutors. The module workshops will be attended by visiting specialists and consist of small or whole group teaching and learning, and the dispute resolution modules will include practical sessions of the various dispute resolution techniques. Dissertation is managed through a full-day workshop, individual tutorials and/or online meetings with the dissertation supervisor. Students are expected to undertake background reading each week, both to enhance knowledge and critical awareness and to inform class discussion during the workshop sessions. The move to increasing levels of student independence is progressive through the course with students expected to demonstrate a substantial degree of initiative and selfreliance in Research Methods & Dissertation. Evidence to demonstrate achievement of learning outcomes
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Date this version approved

Jan 2010

Achievement is evidenced through the following assessment methods: Examinations; Coursework assignments and Reports; Essays; Research briefs or protocols; Dissertations; Presentations; Arbitration awards; Adjudication decisions; Management of mediation; Online formative assessment.
10.

Programme Structure and Requirements, Levels, Modules, Credits and Awards

MSc Construction Law & Dispute Resolution: Students must achieve 180 M level credit points by completing the following modules which are all core: Construction Law Principles (20 credits); Arbitration: Law, Practice & Award Writing (30 credits)*; Adjudication: Law, Practice & Decision Writing (30 credits); Law and Practice of Claims (20 credits); Commercial Mediation (20 credits); Research Methods (20 credits); Dissertation (40 credits). * It is this module that gives exemption from the Chartered Institute of Arbitrators module 4 on their Arbitration Pathway. The Chartered Institute require a pass mark of 70% in the award writing exam and also overall in their module 4. The Chartered Institute however operate different marking criteria from those of the University and they have recognised that a mark of 70% at Leedsmet is only awarded for work which falls into the excellent category. This is not the standard that is required for the Chartered Institute. They have agreed that a mark of 55% at the University is equivalent to a mark of 70% at the Chartered Institute. Therefore candidates wishing to gain exemption from the Chartered Institute of Arbitrators module 4 by completing the Universitys Arbitration: Law, Practice & Award Writing module must achieve a mark of 55% in the award writing exam and in the written assignment. The programme also has the following contained awards: Postgraduate Certificate in Construction Law & Dispute Resolution Students must achieve a minimum 60 M level credit points, having completed at least three of the following modules: Construction Law Principles AND Two other modules taken from: Arbitration: Law, Practice and Award Writing; Adjudication: Law, Practice and Decision Writing; Law & Practice of Claims;
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Date this version approved

Jan 2010

Commercial Mediation. In order to retain a balance between Construction Law and Dispute Resolution at PG Certificate level the award must include the module Construction Law Principles as containing the essential elements of Construction Law and at least one dispute resolution module (either Arbitration: Law, Practice & Award Writing; Adjudication: Law, Practice & Decision Writing; or Commercial Mediation), and one other from the list above. Research Methods and Dissertation are excluded from the PG Certificate since together they comprise three linked modules and do not in themselves demonstrate appropriate performance in either areas of the award. Post Graduate Diploma in Construction Law & Dispute Resolution Students must achieve 120 M level credit points, having completed all five of the following modules: Construction Law Principles; Arbitration: Law, Practice and Award Writing; Adjudication: Law, Practice and Decision Writing; Law and Practice of Claims; Commercial Mediation. A candidate wishing to receive the Post Graduate Diploma must complete all five of the above core modules. Replacing one or more of these with Research Methods or the Dissertation modules would effectively remove essential elements of what is recognised as a Construction Law & Dispute Resolution qualification. 11. Support for Students and Their Learning
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One day induction programme for part-time students includes general introductions and orientation, health and safety briefings, library and IT workshops, introduction to key skills; Course handbook and module guides; Course tutor responsible for pastoral care and general academic guidance; External Tutors dispute and legal practitioners; Professional counselling services available; Student Email and personal access to course leader, module tutors and other academic staff; School office for administrative inquiries and help; Library and IT services and study skills support; Skills for Learning materials on line and in the library; Extensive X-Stream facilities; Learning support for students with learning and other disabilities (e.g. dyslexia); Dedicated student liaison officer.

12. Criteria for Admission


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Date this version approved

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The standard school admissions requirements apply generally. For this course however a good honours degree is required from a UK University or equivalent in an appropriate discipline OR an equivalent professional qualification. The course is offered in part-time distance learning mode only. In addition students are required to have a sound knowledge of English legal principles and candidates will be expected to demonstrate that they possess such knowledge. Those candidates who cannot demonstrate this knowledge will be required to undertake a course of preparatory study. This will take the form of the foundation module Law of Obligations & Evidence Typically, students with the following backgrounds would be considered suitable applicants: (a) graduates in law, quantity surveying, construction management, accountancy, building surveying, civil engineering, valuation and estate management; or (b) qualified professionals in law, architecture, chartered surveyors, chartered builders, chartered engineers, accountants and project managers; or (c) candidates who can produce a portfolio of evidence demonstrating an equivalence to one of the above entrance criteria. Candidates must also have a good command of written and spoken English and possess English GCSE Grade C (or equivalent). Students whose first language is not English, with certificated qualifications, professional qualifications and/or appropriate work experiences that are equivalent to those detailed will be considered and encouraged to apply. In addition to these, students will have to demonstrate that their standard of English is at IELTS 6.0 or better, with no skill below 5.0. As the course is delivered via the internet certain minimum requirements regarding IT skill and computer hardware are necessary. These are: A computer with internet access. As the course will require significant online research, the ability to download extensive material, participation in online communication, a sufficient band-width, a reliable internet service provider and a web-cam are essential and a broadband connection would be of significant benefit. A basic knowledge of the operation of the Microsoft Office suite and internet search skills are required. The Universitys website and virtual learning environment (X-Stream) will be demonstrated at the optional induction event and via an online tutorial. Advanced Standing: Admission with Advanced Standing may be sought for exemption from the Construction Law Principles module on the basis of prior certificated or non-certificated learning according to the following criteria and procedures: Candidates seeking advanced standing must demonstrate satisfaction of the module outcomes in accordance with the standard procedures.

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13. Methods for Evaluating and Improving the Quality and Standards of Teaching and Learning Evaluation takes place at module and course level and is monitored at School, Faculty and University level. Mechanisms for review and evaluation: Module leaders report (student feedback questionnaire and staff report); External examiner reports; Professional body accreditations; Staff appraisals; Critical appraisal/periodic review; University course approval; Annual course review meetings. Overarching responsibility for monitoring and evaluating quality and standards: Module teams; Course management teams; Course committees (includes student representatives); Faculty Board; Faculty Board monitoring sub-committee; Research ethics sub-committee; Board of examiners. Mechanisms for improving quality and standards: Staff development: subject updating, learning and teaching; New staff undertake APD Teaching and Learning in Higher Education; School-based research units; School/course staff away days and team meetings; Staff membership of the Higher Education Academy; Module evaluation; Major/minor modifications; Continuing process of updating the programme specification; Continuing process of alignment with relevant benchmarking statements; Continuing liaison with professional bodies; Continuing contact with legal and dispute practitioners; Use of visiting fellows and visiting professor.
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Regulations of Assessment

A Summary of assessment requirements The assessment regulations which apply to Leeds Met awards are accessible in full via section C of the Academic Regulations: http://www.leedsmet.ac.uk/metoffice/aqs/index_Regulations.htm For the award of an MSc Construction Law & Dispute Resolution, students must satisfactorily complete 180 credits at M Level, in accordance with the requisite progression and award requirements. Achievement of an average of 40% or more across all modules studied at each level.
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External Examiners

Two External Examiners are normally appointed to the MSc Construction Law & Dispute Resolution course. One is normally an academic and the other is a practicing arbitrator or adjudicator. This role will be in line with the Universitys Academic Principles and Regulations, with a particular focus on: The approval of examination papers and assignment briefs; The review of examination scripts and coursework, and moderation of cohort marks as necessary; Reporting on aspects of quality and standards; Attending the Examination Committee/Board of Examiners; Ensuring fairness, equity and justice for students. 15. Indicators of Quality and Standards

University scheme and course approval; Periodic review; Module review; External examiner reports;

Health Warning: This specification provides a concise summary of the main features of the course and the learning outcomes that a typical student might reasonably be expected to achieve and demonstrate if he/she takes advantage of the learning opportunities that are provided. Additional information on the specific learning outcomes, indicative content, and the module teaching learning and assessment methods of each study unit or module can be found in the module handbooks, in the course/student handbook and in the BEMAF document The accuracy of the information contained in this document is reviewed by the University and may be checked within the independent review processes undertaken by the Quality Assurance Agency.

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Date this version approved

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