Alternative Dispute Resolution (ADR) processes, particularly negotiation and mediation, are having a profound impact on the way law is practiced today. Lawyers must have a solid understanding of the various ADR processes in order to advise clients of the options available to resolve their disputes; to participate as advocates on behalf of their clients in a range of ADR processes and settlement discussions, including negotiation and mediation; and, to conduct fact-finding investigations, arbitrations, negotiations, mediations, med-arbs, etc.
This course focuses on the theory and practice of ADR, with an emphasis on negotiation and mediation. It will do so through an examination of readings drawn from the growing body of theoretical literature in the area. The readings and discussion begin with an understanding of legal theory and the language of the law, a necessary foundation for ADR study. The course will then explore and address key issues arising from ADR practice, such as conflict theories, negotiation and mediation models, orientations and styles, mediation advocacy, confidentiality and privilege, neutrality, impartiality, ethical issues, and the role of culture and power.
Active learning techniques including role-playing and negotiation/mediation exercises will be utilized in class to allow students to critically reflect on their ongoing learning experiences and ensure an integration of theory with the practice of ADR.
