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. 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.

Session 1: Introduction, History and Origin of ADR-Mediation.

Session 2: Techniques for ADR: The Mediation Process & Role of the Mediator.

Session 3: Business Disputes, Settlement Issues in the Business Sector, Employment Disputes and Employer/Employee Relationships. Job search strategies and placement possibilities will also be discussed.

Participants will demonstrate the following skills through successful completion of all required coursework and assignments:

• Comprehension of the functions of Alternative Dispute Resolution and its purpose
• Compare and contrast the differences between Alternative Dispute Resolution and Litigation
• Examine the different approaches in Negotiations
• Explain the functions of a mediator
• Demonstrate problem-solving techniques for mediation
• Discuss the process of the Summary Jury Trial
• List the advantages and disadvantages of the Summary Jury Trial
• Explain the process of the Mini-Trial
• List the advantages and disadvantages of Mediation-Arbitration
• Discuss the process of Private Judging
• List the advantages and disadvantages of Private Judging
• Explain Early Neutral Evaluation and Private Neutral Fact-Finding
• List the advantages and disadvantages of Private Neutral Fact-Finding
• Discuss the “Principle of Exclusivity” and the role of the union as a bargaining representative

Expectations

Participants will be expected to complete reading and homework assignments and will choose or be assigned project reports that deal with ADR topics. Independent project development is encouraged. Final projects will be presented for critique to The Center for Legal Studies as a prerequisite of course completion. 70% is the minimum passing score on all tests and assignments for this course.

Required textbooks for this course:

• Alternative Dispute Resolution, by Scott Hatch, and may be purchased from The Center for Legal Studies Online Store.
• Alternative Dispute Resolution in a Nutshell, most recent edition, by Jacqueline M. Nolan-Haley, and may be purchased from The Center for Legal Studies Online Store.

For more information, call The Center for Legal Studies at 800-522-7737, or visit our Online Store to order.

Highly Recommended Legal Resources:

• Oran’s Dictionary of the Law, 4th Edition, by Daniel Oran. Clifton Park: Delmar Cengage Learning