Professional LLM in Alternative Dispute Resolution (ADR):

Course Descriptions*

Introduction to Dispute Resolution [6 credits]
This course features national and international scholars who introduce candidates to theories of disputing and dispute resolution processes from a variety of perspectives, and showcases some of the issues that will be explored in greater depth in subsequent units. These include how conflict develops and evolves; personality and conflict; gender and conflict; an introduction to negotiation theory and practice; the role of lawyers in negotiation and mediation processes; and an introduction to a broad spectrum of dispute resolution processes. The course uses a variety of teaching methods, with an emphasis on experiential exercises, simulations and games.

The Theory and Practice of ADR [6 credits]
Students will be intensively exposed to a broad range of topics in the field. Topics include: adjudication and problem-solving; how the legal system understands
conflict; a range of alternate theoretical models for analyzing and responding to conflict; conflict escalation and de-escalation; the impact of race, gender and
cultural norms on conflict analysis; and evaluation of a range of negotiation theories, strategies and negotiator styles; philosophies, theories and styles of mediation;
mediator neutrality; ethical issues in negotiation and mediation; power in negotiation and mediation; the role of the lawyer as negotiator and mediation advocate; hybrid processes for dispute resolution; designing dispute resolution processes; and the future of ADR.

Major Research Paper/Project (MRP) [6 credits]
The MRP is either a Major Research Paper or a Major Research Project. Papers must be 70 pages and include a full bibliography. A Project requires:

• A minimum of 60 hours of fieldwork;
• A reflective journal of 8-10 pages due midway through the fi eldwork (focus of this journal is on the intersection between theory and practice);
• A 20-25 page paper on the theoretical foundation(s), insights and contribution of the work to the teaching or practice of ADR; and
• The product generated by the Project.

The product may be a dispute resolution process for a not-for-profi t organization and an accompanying manual; a course for a community college (not one at which you are teaching or at which you are contracted to teach); a training video; or any other suitable product.

Culture, Diversity and Power in Dispute Resolution [6 credits]
Building on themes introduced in the required courses, this course explores the dynamics of culture in dispute resolution. Drawing on current literature and case
examples, participants will have the opportunity to:

• Explore intrapersonal, interpersonal and intergroup dynamics of
  intercultural conflict;
  
• Examine cultural dimensions of specific conflict resolution processes;
  
• Analyze implicit meanings and cultural values of conflict resolution processes;
  
• Experience imaginative and creative tools for transforming cultural
  conflict; and
  
• Learn about processes to address deep-rooted cultural conflict, including dialogue and appreciative inquiry.

Advanced Dispute Resolution [6 credits]
This course will examine ways of addressing disputes and conflict in complex settings, through several lenses. After briefly reviewing interest-based and problem-solving approaches, participants will explore identity- and value-based influences and learn about the concept of“framing” as a theoretical and practical underpinning for structuring resolution processes. Advanced mediation models and techniques will be considered and participants will explore, through critical thinking and hands-on exercises, what works for them in a practical sense. The course extends the analysis from the paradigmatic private two-party dispute to the multi-party setting in which both private and public actors may be involved. This requires looking at such things as how coalitions form and dissolve, and the implications that has for managing resolution processes. Using an interactive approach, participants in the course will rotate through the various roles in a negotiation or mediation: client, dispute resolution advocate, and mediator/facilitator.

Dispute Analysis and Process Design [6 credits]
Students will examine the design of dispute resolution interventions, systems and principles. Theoretical models and case studies are used to develop a more detailed theory of the relationship between particular disputes and characteristics of disputes and dispute processes, and the relationship (and possible complementarity) between different processes. A range of simulations is used for design exercises, including both bi-party and multi-party disputes as they occur in litigation, community (for example as “public dialogue”) and institutional contexts.

Teaching, Training and Coaching in Conflict Analysis and Dispute Resolution [6 credits]
This course is designed for students who intend to contribute to the field as a teacher or mentor, either as a consultant, at an academic institution or within
their own organization. It begins with an examination of the theory and moves to integrate theory with practice. The elective critically assesses teaching and
training pedagogy, particularly for adult learners, and then explores the growing field of conflict resolution coaching.

International Commercial Arbitration [6 credits]
Useful for both international and domestic arbitrations, this course provides an
in-depth introduction to the law and practice of international commercial arbitration including the legal framework; the role of the courts, arbitral institutions and tribunals; the main elements of effective arbitration agreements; the selection of the tribunal and challenges to members of the tribunal; jurisdictional issues; interim measures; pre-hearing procedure and the conduct of the evidentiary hearing; and how awards may be challenged or enforced. Using a workshop format with a range of demonstrations and exercises, the course follows a mock arbitration from commencement of the proceedings through the presentation of expert evidence to challenging or enforcing the award. Students learn how to draft and work with arbitration agreements and to participate in the constitution of the tribunal. With a focus on both substantive and procedural law in this area, this interactive course allows students to develop and hone the specialized written and oral advocacy skills required for international commercial arbitrations.