LGL201 - Alternative Dispute Resolution

Outline info
Last revision date 2018-07-09 08:53:46.545
Last review date 2018-07-09 08:53:46.547

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 course applicable towards the Paralegal Certificate Program offered through the Faculty of Continuing Education and Training.

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. Understand the obligations when a paralegal acts as mediator (e.g., cannot represent the parties, ensuring the parties understand the role of mediator).

6. Use negotiating skills, using interest based bargaining techniques;

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

8. 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.

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.

Cheating and Plagiarism
Each student should be aware of the College's policy regarding Cheating and Plagiarism. Seneca's Academic Policy will be strictly enforced.

To support academic honesty at Seneca College, all work submitted by students may be reviewed for authenticity and originality, utilizing software tools and third party services. Please visit the Academic Honesty site on http://library.senecacollege.ca for further information regarding cheating and plagiarism policies and procedures.

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 Disabilities Services Office at ext. 22900 to initiate the process for documenting, assessing and implementing your individual accommodation needs.

All Modules One to Five Courses

It is your responsibility to ensure that program requirements and course prerequisites as outlined are met. Prerequisites are included for your academic protection. Course content and your instructor's teaching assumes that students are academically prepared and instruction will proceed accordingly. Students lacking prerequisites not only jeopardize their own ability to succeed but present unnecessary interruption. If you lack appropriate prerequisites (or advanced standing for the prerequisite course) you may be asked to withdraw or transfer to a more appropriate course with the risk of academic/financial penalty.

Topic Outline

1. Introduction to Alternative Dispute Resolution 

• Methods of dispute resolution (Litigation, Negotiation, Mediation, Arbitration)
• Sources of Conflict
• Conflict management and prevention
• Advantages of alternative dispute resolution methods

2. Negotiation
• Theory of negotiation
• Approaches to Negotiation 
• Positional bargaining
• Interest-based bargaining or principled negotiation
• Preparation for Negotiation
• Collaborative Communication skills 
• Negotiating skills
• Negotiation exercises

3. Mediation 
• Theory of mediation
• Role of the mediator
• The mediation process 
• Mandatory mediation
• Mediation exercises

4. Arbitration 
• Theory of arbitration
• The arbitration process
• Federal and provincial legislation

5. Role of the Paralegal
• In negotiation when representing a client
• In mediation when representing a client
• When acting as a mediator

Mode of Instruction
Students learn through interactive classroom lectures, discussion and group problem solving. 

It is the student's responsibility to save documents, articles and notes that the instructor has provided on Blackboard or in class. Students will not be able to access Blackboard as of the last day of the student's class. 

Prescribed Texts
Charles Ewert, Gordon Barnard, Jennifer Laffier, Michael L. Maynard, Choices in Approaching Conflict: Understanding the Practice of Alternative Dispute Resolution, Emond Montgomery, ISBN: 978-1-55239-384-0

Reference Material

Promotion Policy

Grading Policy
A+ 90%  to  100%
A 80%  to  89%
B+ 75%  to  79%
B 70%  to  74%
C+ 65%  to  69%
C 60%  to  64%
D+ 55%  to  59%
D 50%  to  54%
F 0%    to  49% (Not a Pass)
EXC Excellent
SAT Satisfactory
UNSAT Unsatisfactory

For further information, see a copy of the Academic Policy, available online (http://www.senecacollege.ca/academic-policy) or at Seneca's Registrar's Offices.

Modes of Evaluation

A Reflective Journal 40%
Attendance 20%
Final 40%

Materials permitted into tests and exams are at the discretion of the instructor.

Students must attain a grade of at least 50% to pass the course.

Please Note
  • Exams are evaluated on subject knowledge as well as correct language usage, organization, and mastery of the subject.

Absenteeism and Tests
  • Students should be aware that absenteeism will impact on their ability to achieve satisfactory grades.
  • If you miss a test, you must provide the reason in writing to the instructor prior to the next scheduled class. If your reason is accepted, you will be permitted to write a make-up test. Otherwise, you will be given a zero for the test. You must submit an original doctor’s certificate identifying the date, length of time of expected absence and the specific reason for your absence, or other appropriate documentation.
  • To be eligible for the Alternative Dispute Resolution Certificate completion of all the elements of LGL201, inlcuding full attendance in all classes is required.

Academic Honesty

Students at Seneca College are expected to be honest and forthright in their academic endeavours. When students cheat on an examination, steal the words or ideas of another, or falsify their research results, it corrupts the learning process. A Seneca College degree, diploma or certificate signifies to society mastery of a set of defined learning outcomes in a designated field of study. If academic credit is obtained dishonestly, the value of every graduate's diploma in the field of study is diminished, as is the reputation of the college as a whole.

Penalties for Academic Dishonesty

The penalty for a first offence is a grade of '0' on the assignment or examination. The penalty for the second offence is expulsion for a time period determined by the Academic Honesty Committee, normally for a minimum of three terms.
For further information refer to the policies section of the Seneca College student handbook, or to the following website: http://library.senecacollege.ca/Academic_Honesty/

Prior Learning Assessment
Please be advised that, in accordance with current Law Society of Ontario Paralegal Education Program Accreditation Policy guidelines (September, 2017, ss. 2.15 and 3.8), PLA for prior work experience is no longer permitted in any of the compulsory legal courses in the certificate program, including the field placement. All students, regardless of prior work-related training must fulfil the requirements of all components of the Paralegal Program.

Approved by: Sandra Noble