ADR Syllabus - Southwestern College

Home                                                                                                     

Mediation, Negotiation, and Conflict Management

Southwestern College LEGL 266

Fall 2013

 

Instructor:  Christina Simokat

 

Email:  profchristina@gmail.com                             Class Website:  https://sites.google.com/site/profchristina/home

 

Required Materials: 

·         Getting to Yes by Fisher and Ury, 2nd edition (1991) ISBN-10: 0140157352

·         Class Manual – accessed on class website.

·         Class website and online articles.  You will need regular access to a computer and Internet for this class.

 

Class meets for 7 Tuesdays from 5:30 pm to 9:50 pm, 20 Aug to 8 Oct 2013

 

Course Description

This course will give students new strategies to cope with conflicts – their own and helping others in conflict.  Students will learn negotiation skills that they can utilize personally and professionally.  Additionally, students will discover more about Alternative Dispute Resolution (ADR) in the Legal field.  There will be an overview of different methods of ADR, with an emphasis placed on negotiation and mediation.  Lecture, simulations, exercises, and class discussion will be utilized.

 

Course Objectives

At the completion of this course, the students will be able to perform the following:

 

q  Identify different ADR processes.

q  Understand the role of the paralegal in ADR processes.

q  Differentiate between different styles of negotiation.

q  Utilize skills in a negotiation process.

q  Describe conflict theory and employ conflict management strategies.

q  Demonstrate the steps of the mediation process.

q  Distinguish between arbitration and mediation.

 

Class Attendance and Participation:  Attendance and participation make up part of your grade.  Arriving late or leaving early will reduce your grade. Because this is a short course, if you miss 2 classes, you will be dropped from the course.

 

Class Assignments:  Assignments must be turned in on time for full credit.  Assignments submitted by email should be sent to profchristina@gmail.com, but they must be received by the beginning of the class in which they are due or they will be considered late.  Assignments can be handwritten or typed. 

 

Student Conduct:  Please arrive to class on time and do not leave early, as this disrupts your fellow students as well as the instructor.  NO ELECTRONIC DEVICES ARE TO BE USED DURING CLASS – NO EXCEPTIONS.  While group activities and discussions are encouraged, please be respectful of those who are speaking.  Refer to the student handbook for a complete disclosure of student conduct.

 

Plagiarism will not be tolerated in any form.  Plagiarism is defined as copying ANY WORK – language, phrasing, visual art, music, or specific ideas – of another and presenting any of these as one's own, original work. When you present the words, ideas, artwork or music of another (published or unpublished) in your class assignments, you must fully acknowledge your sources.  If a student is found plagiarizing, the assignment in question will be graded “0” or “F” and the student will be referred to the Dean.

 

This syllabus may be changed at the professor’s discretion.

 

Southwestern College recommends that students with disabilities discuss academic accommodations with their professors during the first two weeks of class.  The syllabus and course handouts are available in alternate media upon request, and may be changed as necessary by the instructor during the term.

 


 

Course Schedule

DATE

IN CLASS

DUE TODAY

HOMEWORK FOR NEXT CLASS

AUG 20

 

Class 1

 

Introduction to class

 

Conflict Theory & Styles

 

Read pgs 1 – 13 in class manual.

Read Getting to Yes pgs 1 – 94.

 

 

AUG 27

 

Class 2

 

Culture and Conflict

 

Negotiation Part I

 

Read pg 14 - 20 in class manual and Getting to Yes pgs 95 – 148.

 

Complete Conflict Analysis.

 

SEP 3

Class 3

 

Negotiation Part II

 

Mock Negotiation and debrief 

Conflict Analysis due.

 

Read Mock Mediation - handout 2.

 

Read Mock Negotiation - handout 1.  Complete Negotiation Plan 1.

SEP 10

Class 4

 

Mediation Part I

 

Mock Mediation 1 and debrief

Negotiation Plan 1 due.

Read Mock Mediation - handout 3.

 

Prepare Negotiation Plan 2

OR

Mediator Plan for use in next class.

SEP 17

 

Class 5

 

Mediation Part II

 

Mock Mediation 2 and debrief

Negotiation Plan 2 OR Mediator Plan due.

Read pgs 21 – 25 in class manual.

 

Prepare Negotiation Plan 3

OR

Mediator Plan for use in next class.

 

 

SEP  24

Class 6

 

Arbitration & Other Forms of Dispute Resolution

Negotiation Plan 3 OR Mediator Plan due.

 

Prepare 1 question for guest speaker.

 

Finish any extra credit.

OCT 1

Class 7

Guest Speaker:

NCRC

 

Extra Credit due.

Review for quiz.

 

OCT 8

Class 8

Quiz

Finished!


Assignments

 

  1. Conflict Analysis (100 points)    DUE SEP 3RD

You are to write an analysis of a real conflict from the news or which happened to someone you know, 2 page minimum.  Please do not use a conflict in which you are involved.   You are to analyze the situation using format from the class manual and notes from discussion in class. 

 

  1. Negotiation Plan 1 (100 points)     DUE SEP 10TH

Prepare a negotiation plan using the format in class manual, minimum of 1 page, for Mock Negotiation 1.  Please bring this in hard copy to class where you will use it in mock negotiation, and you will turn it in at the end of class.

 

  1. Negotiation Plan 2 

OR

Mediator Prep & Debrief (100 points) DUE SEP 17TH

 

If you are a Party, prepare a negotiation plan for Mock Mediation 2 following the Negotiation Plan format.  Additionally, choose 3 skills you will work on and describe how you anticipate using them.

 

If you are a Mediator, prepare a brief negotiation plan for both parties.  Review mediation skills and techniques and describe how you anticipate using them.

 

  1. Negotiation Plan 3

OR

Mediator Prep & Debrief (100 points) DUE SEP 24TH

 

If you are a Party, prepare a negotiation plan for Mock Mediation 3 following the following the Negotiation Plan format.  Additionally, choose 3 skills you will work on and describe how you anticipate using them.

 

If you are a Mediator, prepare a brief negotiation plan for both parties.  Review mediation skills and techniques and describe how you anticipate using them.

 

  1. Quiz covering ADR Processes (100 points)    IN CLASS OCT 8TH

The quiz will cover material from the manual and class discussions, and will be true/false and short answer questions.

 

  1. Class Participation (100 points) 

Class participation will be critical.  Students are expected to come to class prepared, and to participate fully in the exercises and activities. 

 

Total points possible for class:  600

 

Extra Credit  (up to 30 points)

 

You can obtain extra credit by:

1.  Attending up to 3 workshops at the Writing Center – please bring proof of attendance to the instructor (10 points each).

2.  Writing up to 3 1-page article reviews from Mediate.com (10 points each).

 


 

SCORING THE THOMAS-KILMANN CONFLICT MODE INSTRUMENT

 

Circle the letters below which you circled on each question of the test.

 

 

1

 

 

 

A

B

2

 

B

A

 

 

3

A

 

 

 

B

4

 

 

A

 

B

5

 

A

 

B

 

6

B

 

 

A

 

7

 

 

B

A

 

8

A

B

 

 

 

9

B

 

 

A

 

10

A

 

B

 

 

11

 

A

 

 

B

12

 

 

B

A

 

13

B

 

A

 

 

14

B

A

 

 

 

15

 

 

 

B

A

16

B

 

 

 

A

17

A

 

 

B

 

18

 

 

B

 

A

19

 

A

 

B

 

20

 

A

B

 

 

21

 

B

 

 

A

22

B

 

A

 

 

23

 

A

 

B

 

24

 

 

B

 

A

25

A

 

 

 

B

26

 

B

A

 

 

27

 

 

 

A

B

28

A

B

 

 

 

29

 

 

A

B

 

30

 

B

 

 

A

 

Competing

Collaborating

Compromising

Avoiding

Accommodating

Total Circled

1

2

1

2

1

2

1

2

1

2












 

 

 

 

 

 

 

Ċ
Christina S,
Aug 19, 2013, 10:14 PM
Ċ
Christina S,
Aug 19, 2013, 10:15 PM
Ċ
Christina S,
Aug 19, 2013, 10:09 PM