Part-time LLM Specializing in
Alternative Dispute Resolution (ADR):
Course Descriptions*
Introductory Workshop [6 credits]
This course, which is offered as a workshop, 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 workshop uses a variety of
teaching methods, with an emphasis on experiential
exercises, simulations and games.
The Theory and Practice of ADR [6 credits]
This core course provides intensive exposure 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. While
the orientation of the course is on theoretical issues,
it includes a number of practice exercises, simulations
and debriefings.
Culture, Diversity and Power in Dispute Resolution [6 credits]
Building on themes introduced in the Introductory
Workshop and Theory 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 as
they are practiced in a variety of sectors and
settings, including private and public sector
organizations and communities;
- Experience imaginative and creative tools for
transforming cultural conflict;
- Learn about processes to address deep-rooted
cultural conflict, including dialogue and
appreciative inquiry.
Advanced Dispute Resolution [6 credits]
This course is designed to provide students with an
in-depth understanding of the theory and practice
of mediation and other forms of dispute resolution.
The course will focus on a critical analysis of the
development of mediation programs, the execution of
mediation programs throughout Canada, as well as an
examination of collaborative law practice. Participants
will be encouraged to begin the development of
a practical theory of mediation for application in
their work, and to reflect on the difference between
mediative, collaborative and facilitative approaches
to dispute resolution. The course will also explore
the use of ADR to resolve public policy disputes
ranging from legislative and regulatory initiatives
to enforcement matters. Instruction is through a
combination of small and large group exercises,
classroom discussions and video review and analysis.
Dispute Analysis and Process Design [6 credits]
This course examines 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.
An emphasis is placed on the micro-dimensions
of process and systems design, including dealing
with issues such as participation, representation,
confidentiality, accountability and compliance. The
workshop also considers a range of roles for the design
consultant, including facilitating client “self-design”,
conflict resolution training and program evaluation.
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 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. Students will undertake curriculum design
and teaching, training and coaching simulations.
They will also be asked to reflect upon and analyze
various teaching and coaching practices. The elective
includes a number of practical exercises.
International Commercial Dispute Resolution [6 credits]
This course examines the use of alternative dispute
resolution mechanisms in the international
commercial context. It will include topics such as:
- International Commercial Arbitration –
including role of the courts and major arbitral
institutions, arbitration clauses in commercial
activities, etc.
- Investment Arbitration – understanding the
ICSID dispute resolution, NAFTA, chapter 11
and other processes for resolving international
trade disputes.
The elective will also address
the emerging concerns of State Parties to
investment and trade disputes. The course
concludes with a mock arbitration in which
students will engage in a complete simulation
of an arbitral hearing, from commencement
of the proceedings through the presentation of
expert evidence to challenging or enforcing the
award.
Major Research Paper/Project [6 credits]
The MRP is either a Major Research Paper or a Major
Research Project. Students must receive a B grade on
the MRP to graduate.
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 (the focus of this journal is
on the intersection between theory and practice),
- a 20-25 page paper on the theoretical
foundation(s), insights & 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-profit organization and 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.
*Curriculum and course descriptions are subject to change. New courses and course changes are subject to Senate approval.
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