JAS255 - Alternative Dispute Resolution

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Schools offering this subject
Last revision date Jul 19, 2019 1:23:03 PM
Last review date Jul 19, 2019 1:23:03 PM

Subject Title
Alternative Dispute Resolution

Subject Description
This subject deals with methods of alternative dispute resolution, that is, processes devised to resolve disputes outside the judicial system. Alternative dispute resolution (ADR) techniques include negotiation, mediation and arbitration. In this subject, the student becomes familiar with these techniques and works on the development of negotiation and mediation skills using an interest-based approach.

Credit Status
This is a credit subject applicable towards the Justice Administration Services Program offered through the School of Legal, Public and Office Administration.

Learning Outcomes
Upon successful completion of this subject the student will be able to:

1. Demonstrate an understanding of various dispute resolution mechanisms (e.g.,negotiation, mediation, arbitration).

2. Illustrate the importance of explaining to clients the potential consequences of dispute resolution.

3. With respect to negotiation:

  • Explain why negotiation is an integral part of the conduct of a matter from inception to completion.
  • Identity issues that can be negotiated.
  • Discuss the importance of explaining to the client the potential consequences of negotiating or failing to negotiate.
  • Explain the importance of obtaining instructions concerning negotiations.
  • Discuss the importance of preparing the client for the negotiation process.
  • Identify the strategy and tactics to be used in negotiation.
  • Use principles of effective or principled negotiation.
  • Explain the importance of documenting the resolution of issues through negotiation.

4. With respect to mediation and arbitration:
  • Identify issues appropriate for mediation.
  • Explain the importance of explaining to the client the potential consequences of mediating or failing to mediate.
  • Discuss the importance of obtaining instructions concerning mediation.
  • Demonstrate an understanding of the importance of preparing the client for the mediation process.
  • Evaluate the strategy and tactics to be used during mediation.
  • Use principles of effective and principled mediation.
  • Explain the importance of documenting the resolution of issues through mediation.

5. Use negotiating skills, using interest based bargaining techniques.

6. Appraise the ethical and human choices to be made in resolving disputes.

7. Display an attitude of professionalism, as evidenced by an ability to meet deadlines, complete assignments and perform tests and in-class assignments as scheduled.

Essential Employability Skills
Communicate clearly, concisely and correctly in the written, spoken and visual form that fulfils the purpose and meets the needs of the audience.

Respond to written, spoken, or visual messages in a manner that ensures effective communication.

Apply a systematic approach to solve problems.

Use a variety of thinking skills to anticipate and solve problems.

Locate, select, organize, and document information using appropriate technology and information systems.

Analyze, evaluate, and apply relevant information from a variety of sources.

Show respect for diverse opinions, values, belief systems, and contributions of others.

Interact with others in groups or teams in ways that contribute to effective working relationships and the achievement of goals.

Manage the use of time and other resources to complete projects.

Take responsibility for one's own actions, decisions, and consequences.

Academic Integrity
Seneca upholds a learning community that values academic integrity, honesty, fairness, trust, respect, responsibility and courage. These values enhance Seneca's commitment to deliver high-quality education and teaching excellence, while supporting a positive learning environment. Ensure that you are aware of Seneca's Academic Integrity Policy which can be found at: http://www.senecacollege.ca/about/policies/academic-integrity-policy.html Review section 2 of the policy for details regarding approaches to supporting integrity. Section 2.3 and Appendix B of the policy describe various sanctions that can be applied, if there is suspected academic misconduct (e.g., contract cheating, cheating, falsification, impersonation or plagiarism).

Please visit the Academic Integrity website http://open2.senecac.on.ca/sites/academic-integrity/for-students to understand and learn more about how to prepare and submit work so that it supports academic integrity, and to avoid academic misconduct.

All students and employees have the right to study and work in an environment that is free from discrimination and/or harassment. Language or activities that defeat this objective violate the College Policy on Discrimination/Harassment and shall not be tolerated. Information and assistance are available from the Student Conduct Office at student.conduct@senecacollege.ca.

Accommodation for Students with Disabilities
The College will provide reasonable accommodation to students with disabilities in order to promote academic success. If you require accommodation, contact the Counselling and Accessibility Services Office at ext. 22900 to initiate the process for documenting, assessing and implementing your individual accommodation needs.