This intensive course is designed to train and qualify students to develop or participate in conflict mediation processes.
Participants will review the growth and application of settlement options in the United States. The course focuses on both traditional and non- traditional dispute resolution options. Alternative Dispute Resolution (Mediation) is geared for all professionals who are focused on “interest-based bargaining.”
This course takes the mystery out of settlement processes and focuses on reaching reasonable solutions. Successful graduates of will be awarded a Certificate of Completion.
Topics include: Why Conflicts Escalate, Why Mediation Works, The Mediation Process, The Role of the Mediator, Coming to an Agreement, Problems Encountered in Mediation, Developing ADR Programs for Government, Business and Personal Disputes, and Divorce Settlement Mediation.
REQUIRED TEXT: online format: ADR in a Nutshell, 4nd Edition, by Jacqueline Nolan-Haley.
This course will introduce students to alternative dispute resolution (ADR) as a means of peacefully resolving disputes. Eight basic methods of ADR, and several hybrids, will be explained in detail. In addition, students will explore seven arenas where disputes often arise and how one or more methods of ADR apply. The course will present ADR against the backdrop of traditional litigation, which offers a more formal and generally more costly method of resolving disputes.
The course follows the outline of chapters of the Nolan- Haley Alternative Dispute Resolution Textbook:
- Chapter One – Introduction to Alternative Dispute ResolutionThe purpose of this chapter is to lay the conceptual and definitional groundwork for the course. The first chapter introduces ADR historically and thematically and then explores the nature of disputes. Five traditional ways to resolve disputes are covered, including litigation and trial. Several methods of ADR are briefly discussed. The chapter concludes with a review of the benefits and drawbacks of ADR.
- Chapter Two – NegotiationChapters Two through Six cover the methods of ADR. Emphasis is placed on the roles of the various players within each method, including parties, ADR neutral, and attorneys.The purpose of Chapter Two is to establish the context for understanding how parties involved in a dispute can resolve the matter themselves without resort to a judge, jury or arbitrator. The premise of this chapter is that all methods of peaceful dispute resolution, including litigation, involve negotiation in one form or another. This chapter focuses on negotiation as a method of resolving the issues in a lawsuit. Topics include the law supporting negotiation, negotiation styles, and ethics. The phases of a typical negotiation are covered in depth and an extensive case study is presented. Because negotiation is a core component of all dispute resolution, students are encouraged to spend ample time on this chapter to master the concepts and to role-play negotiations. The point is not necessarily to build skills as a negotiator but to experience firsthand the emotions and tension that usually accompanies the task of trying to get something one wants from an opponent.
- Chapter Three – MediationMediation is covered in two chapters. Chapter Three introduces the topic, and begins with a comparison between negotiation and mediation. The origins of mediation are explored, and a typical mediation session is reviewed, followed by a case study. The roles of mediator, and also attorney/advocate are explored in depth. Because mediation as a profession is growing rapidly, mediator qualifications, training and standards of conduct are covered extensively, with a look at the Model Standards of Conduct for Mediators.
- Chapter Four – Mediation Law and PolicyThis chapter has been included due to the extensive legislation, both state and federal, supporting the use of mediation. The premise of this chapter is that mediators and advocates need to know the applicable law in order to fully and adequately employ mediation to resolve a dispute. The chapter covers mediation legislation topically, and concludes with some skill development in locating legislation on mediation.
- Chapter Five – ArbitrationThe chapter on arbitration compares this method of ADR to mediation and also to litigation. Arbitration law and policy are covered, including the all-important Federal Arbitration Act. A typical arbitration is reviewed, and the roles of arbitrator, attorney/advocate, and paralegal are explored. The chapter concludes with a discussion of ethics in arbitration with help from the AAA Code of Ethics for Arbitrators in Commercial Disputes.
- Chapter Six – Strategies for SettlementChapter Six covers four quasi-trial methods used to evaluate possible settlements, plus Early Neutral Evaluation, a pretrial procedure available primarily in the federal courts. Each method is described along with its advantages and disadvantages. The chapter also scans various ADR hybrids including med-arb, art-med and others, and concludes with a review of two ADR programs gaining favor in more and more jurisdictions—multi-door courthouse and settlement week.
- Chapter Seven – Application of ADR to Specific DisputesOver the years, various industries and sections of the bar have embraced ADR more than others, and have been largely responsible for the advancement of ADR methods, skills, and standards. This chapter looks at five of these, including construction, labor and employment, securities, family law, and environmental law. ADR activity in the area of community-based disputes, also a major user, is also considered. Sources of ADR services are covered. Finally, ADR in the criminal justice system is examined as an arena where it is just now emerging as an alternative to various traditional mechanisms.
- Chapter Eight – The Role of the Paralegal in ADR
The course concludes with an in-depth look at the role of the paralegal in ADR. While this topic is presented throughout the other chapters, this final look provides students the opportunity to summarize and expand on what they have learned. The chapter also covers the ethical responsibilities of paralegals involved in ADR, including the unauthorized practice of law. Because ADR is practiced and regulated jurisdiction by jurisdiction, a case study of ADR within one such jurisdiction is reviewed.
|ADR Lesson One: : HISTORY, ORIGINS AND GROWTH Details||00:04:00|
|Read Chapter 1 in Alternative Dispute Resolution in a Nutshell (Nutshell)|
|ADR Lesson Two: THE ART OF NEGOTIATION Details||04:00:00|
|Read Chapter 2 in Nutshell|
|ADR Lesson Three: THE MEDIATION PROCESS Details||04:00:00|
|Read Chapter 3 in Nutshell|
|ADR Lesson Four: ARBITRATION Details||04:00:00|
|Read Chapter 4 in Nutshell|
|ADR Lesson Five: OTHER FORMS OF ADR Details||04:00:00|
|Read Chapter 5 & 6 in Nutshell|
|ADR Lesson Six: LABOR RELATIONS AND COLLECTIVE BARGAINING Details||04:00:00|
|Skim through Appendices A - O in Nutshell|
|Florida County Mediation Refresher Quiz – Open book||01:00:00|
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