Post Graduate Certificate Dispute Resolution

Core I: Theory and Generic Issues

Pedagogy: The program will be offered online via Moodle in the Fall and Winter Programs only. The online course will consist of a combination of readings, power point presentations with synched media-site live video presentation of the instructor. In order to ensure/encourage interaction, on-line discussions will be used to enhance feedback between instructor and students. Students will only be required to attend three (3) in-person coaching sessions and one in-person proctored final examination.

In this course, participants will:

• examine key theoretical principles and procedures of different types of dispute resolution processes, including negotiation, mediation and arbitration;
• explore how and why dispute resolution processes successfully produce agreements;
• consider the impact of ‘generic issues’ such as power, gender, culture and personality on the dispute resolution process;
• gain a degree of familiarity with civil procedures (one of the requirements for appointment to the Mediation Roster of the Mandatory Mediation Program, Ministry of the Attorney General, Province of Ontario); and
• practice and develop skills in negotiating conflict situations and in facilitating the dispute resolution work of your peers.

Core II: Mediation & Negotiation

In this course, participants will:

• receive an introduction to understanding and analyzing conflicts;
• examine various mediation models and practices;
• explore the key components of managing disputes in a negotiation and mediation environment, including recognizing appropriate engagement, developing contracts to formalize the mediation engagement and settling contracts versus memorandums of understanding;
• consider the ethical deliberations that emerge in the practice of dispute resolution and explore the issue of mediator liability;
• apply dispute resolution theory and practice to five case studies; and
• learn about the ADR Institute of Canada, the Chartered Mediator (CMed) designation and the Ontario Mandatory Mediation Program requirements.

Electives

One (1) elective is required for Certificate Completion.

Elective courses focus on dispute resolution within different contexts. After successfully completing the core courses, participants will select ONE elective in which they can develop specialized knowledge and refine their dispute resolution skills. Elective topics will be chosen from the following list of possible course offerings:

• Conflict Management in the Workplace
• Advanced Negotiation and Mediation

Please note that there is no guarantee that both electives will be offered in one given semester. The Division of Continuing Education reserves the right to alter fees; other charges and course dates, times, locations and or instructors, and offer only one elective in one given semester (decision based on total number of students registered in a given semester).

Advanced Negotiation and Mediation

In this course, students are given the opportunity to enhance their understanding of the theory and practice of negotiation and mediation. They are introduced to the academic literature pertaining to various perspectives in the study and practice of negotiation and mediation, as well as to comparative analyses of alternative processes and styles. Students learn the phases of the interest-based negotiation model as taught in the Harvard Negotiation Project. This course also considers the role of communication in dispute resolution; personality and behaviour and their impact on the process; multi-party and team negotiations; co-mediation; barriers to settlement and strategies to overcome them; ethics; and reflective practice. Instruction consists of lectures, interactive exercises and experiential simulations. Students participate as negotiators and mediators in role-playing activities developed by and used in the Harvard Negotiation Project workshops.

Dispute Resolution in the Workplace

The resolution of disputes in the workplace constitutes a complex and fascinating area of study for the student of dispute resolution. In the workplace, the broadest range of disputes arises. There are daily inter-personal conflicts, important issues of workplace regulation, efficiency, productivity and safety, and issues of human rights. The workplace provides a fertile ground for the examination of dispute resolution methods and strategies, and for the practical application of dispute resolution theory. In this elective, participants will explore the maze of statutes and rules, laws and conventions that offer dispute resolution options. Participants will analyze the different models of dispute resolution, and practice using different models and innovative methods to solve different kinds of problems.

Family Mediation

This course will explore the components and process of family mediation beginning with a historical overview of adversarial and non-adversarial dispute resolution in Family Law and a review of the chronological development of Family Mediation in North America. Participants will explore major issues in family mediation including custody and access; custodial designation; expectations of referral sources, clients and mediators; screening for appropriateness; interim arrangements; property and support; asset evaluation and distribution; and termination. The core components of family mediation and corresponding skills will be explored such as meeting with counsel, parties, parents, children and significant others; the mediator as educator, communicator, and fact gatherer; dealing with impasses and power imbalances; referrals to other professionals; and developing parenting plans and memoranda.