About This Course
Participants will learn negotiation skills and how to select the most cost-effective and least intrusive ADR method to achieve the most positive result for both parties. Students will understand the processes and methods of ADR techniques; learn the proper application and limits of ADR techniques; appreciate the ethical considerations involved in ADR; and develop a basic ability to apply ADR methods.
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
This is an accelerated course. You will be expected to spend an average of at least 8 hours per week reading and completing writing assignments. Please note that extensions will not be granted for this online course. This course is the equivalent of at least 45 clock hours of study. Every assignment must be completed with at least 70% in order to pass this course.
Required textbooks for this course:
- Alternative Dispute Resolution in a Nutshell, most recent edition, by Jacqueline M. Nolan-Haley, may be purchased from CLS by BARBRI Online Store.
For more information, call CLS by BARBRI at 888-238-5204, 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
- WESTLAW, legal research access, available for the duration of the course for only $89. Order Online Now
Reading Assignments for Lesson Topics:
Lesson One: ADR: History, Origins, and Growth
- Read Chapter 1 in Alternative Dispute Resolution in a Nutshell (Nutshell)
Lesson Two: The Art Of Negotiation
- Read Chapter 2 in Nutshell
Lesson Three: The Mediation Process
- Read Chapter 3 in Nutshell
Lesson Four: Arbitration
- Read Chapter 4 in Nutshell
Lesson Five: Other Forms Of ADR
- Read Chapter 5 & 6 in Nutshell
Lesson Six: Labor Relations and Collective Bargaining
- Skim through Appendices A – O in Nutshell
For each lesson you will submit a 50-point short answer/essay assignment covering the topics in that lesson’s reading.
You will complete two exams. Each is worth 100 points. The Midterm exam is to be submitted with your Lesson Three Assignments; the Final exam is to be submitted with your Lesson Six Assignments.
Bulletin Board Assignments:
You will also post your responses to six class participation assignments. These assignments are referred to as Bulletin Board Submissions and will be submitted by either selecting Bulletin Board Submission from within the lesson material, or by selecting ‘Forums’ under Activities on the Right Side Bar.
All lesson objectives, assignments, and tests can be found in the Lesson Materials.
Your grade will be based on your completion of six writing assignment assignments, two exams, and class participation/Bulletin Board Submissions. The exams and writing assignments can be accessed from within the lesson material, or by selecting ‘Assignments’ under Activities on the Right Side Bar. You will have the opportunity to engage in “class participation” by using the Bulletin Board tool to respond to the bulletin board assignments throughout the course. Also, participating in the bulletin board assignments will enhance your understanding of the reading material.
Your final grade will be figured as follows:
- The six writing assignments are worth 50 points each and comprise 40% of your grade.
- The two exams are worth 100 points and comprise 40% of your grade.
- Your participation in class participation assignments comprises 20% of your grade.
Students may drop the course with a full tuition refund less a non-refundable $50 administrative fee if written notice is sent to CLS by BARBRI by email at [email protected] by the Wednesday before class begins. Students may drop the course with a 50% tuition refund if written notice is sent to CLS by BARBRI by email at [email protected] anytime from the Thursday before the course begins until the first Thursday of class. After the first Thursday of class, no refunds will be issued.
Please NOTE: If you registered for a CLS course directly with the college or university, you are subject to the school’s refund/drop policies.