LAW516
Introduction to Alternative Dispute Resolution
(Weaver)
Prerequisite courses:
Prerequisite for:
Instructor(s): Katherine Weaver
Course credit: 3
Method of presentation: Other
METHOD OF EVALUATION
Students must obtain a passing grade in the course. The method of evaluation is:
1) Two to three short assignments/quizzes with respect to the different types of dispute resolution processes (45%)
2) Two role plays (totalling 45%)
a. negotiation exercise (20%); and
b. mediation or JDR role play, with submission of written brief (< 10 pp.) (25%)
3) Class participation, including presentation on assigned reading (10%)
COURSE DESCRIPTION
The course will introduce students to a variety of dispute resolution processes, including current practices in Alberta courts and selected administrative tribunals. Students will examine how these processes fit within the traditional adversarial system, their advantages and disadvantages, and the role and responsibility of a lawyer with respect to each process. Students will develop an awareness of factors, including ethical, cultural and gender-based, that may affect the choice or appropriateness of specific processes with respect to particular clients and conflicts. Students will also be introduced to tools and techniques that apply to various processes, including communication skills.
Classes will include mini-lectures, readings, individual and group exercises, group discussions, guest speakers and role play exercises.
After completing this course, students will be able to:
• understand the concept of conflict and describe how legal problems transform into disputes;
• compare and contrast dispute resolution processes, including negotiation, mediation, arbitration, judicial dispute resolution (JDR), collaborative law, restorative justice, and online dispute resolution, and when each process would be appropriate;
• demonstrate, at an introductory level, basic skills useful for building consensus and facilitating a problem-solving approach in negotiations, mediations, and other dispute resolution processes; and
• describe the role and responsibility of legal counsel, when preparing for and attending various dispute resolution processes.
SPECIAL COMMENTS
Special Attendance: guest speakers, including a member of the judiciary/tribunal chair and a practicing lawyer/mediator
Description updated 2021-22. Please contact the instructor for any specific questions you may have related to this particular course section.
REQUIRED TEXTS (IF ANY):
Fisher, R and Ertel, D. Getting Ready to Negotiate: The Getting to Yes Workbook (Penguin, 1995) [selected chapters/exercises]
Fisher, R., Ury, W. and Patton, B. Getting to Yes: Negotiating an Agreement Without Giving In. (Penguin Books, 2011) [selected chapters]
Kleefeld, J., Macfarlane, J, et al. Dispute Resolution: Readings and Case Studies, 4th Ed. (Toronto: Emond Montgomery Publications Limited, 2016) [selected chapters]
Note: I will make any additional material or links available to the students on TWEN (http://www.westlawecarswell.com/lawschool/).