Instructor(s): Gary Caplan, Elana Fleischmann

Note: Class participation is substantially weighted and seminars are cumulative. Students on the waitlist must attend while on the waitlist if they wish to be confirmed into the course at the end of the add/drop period, should a spot arise.

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 course will explore and address key issues arising from ADR practice, such as conflict theories, negotiation and mediation models, arbitration, mediation orientations and styles, mediation advocacy, power, and ethical issues. Active learning techniques including negotiation and mediation role-playing to allow students to critically reflect on their ongoing learning experiences and ensure an integration of theory with the practice of ADR.

Evaluation
A 1,750-word reflective journal based on the in-class mediation role-play incorporating ADR readings and class discussion (25%) and a 5,000-word research paper (75%), each due on a date specified by the instructors on the first day of class.

At a Glance

First Term
Credits
3
Hours
2

Enrolment

Maximum
25

25 JD

Schedule

W: 6:10 - 8:00