Overview

The main objective of this course is to provide students with a theoretical and practical understanding of alternative dispute resolutions (ADR). The focus will be on the main methods: negotiation and mediation. Basic principles and techniques of various methods of dispute resolution will be introduced. Different areas of the law and law enforcement in which such methods are or could be used will be explored, such as mediating family law disputes, negotiating a labour union's collective agreement and arbitrating an international commercial dispute.

While much of the course, like most of the current research and resources in ADR, will be on substantive matters and procedure—such as the necessary elements of the process, role of the practitioner, mediation/negotiation models, necessary skills and ethics—students will also be encouraged, as much as possible, to engage in critical thinking regarding the use and appropriateness of ADR. Issues of power, culture, and gender will be considered. The question of whether “alternative” dispute resolution methods are indeed the appropriate alternative to traditional court-based and adversarial methods will be raised.

Outline

Criminal Justice 489: Alternate Dispute Resolution comprises the following twelve units:

Evaluation

To receive credit for the course, you must achieve an average mark of 50 per cent on the assignments, achieve a mark of at least 50 per cent on the final examination, and obtain an overall course composite grade of at least “D” 50 per cent. The weighting of the composite grade is as follows:

To learn more about assignments and examinations, please refer to Athabasca University's online Calendar.

Course Materials

Textbook

Macfarlane, J. (Ed.). (2003). Dispute resolution: Readings
and case studies (2nd ed.). Toronto: Emond Montgomery Publications Limited.

Other materials

The course materials also include a student manual, study guide, and a reading file.