Alternative Dispute Resolution

Course Code: ADR 5000

This course will introduce the student to the theory and practice of alternative dispute resolution (ADR). It will provide the student with an introduction to conflict analysis, negotiation, mediation and arbitration. Through a series of role plays and simulation exercises, the student will gain insight into the practice of ADR and will have the opportunity to develop effective negotiation and mediation skills. The student will gain a greater understanding of the differences between principled and positional negotiation, mediation, arbitration and litigation processes. Students will learn about the ADR Institute of (Ontario) Canada Inc., including reference to the code of ethics including such professional principles as fairness, integrity, trust and confidentiality.

Course Code: ADR 5001

For civil disputes in the Ontario Small Claims Court and the Ontario Superior Court of Justice, this course examines the role of mediation and pre-trials in settling litigated disputes while adhering to the Alternative Dispute Resolution (ADR) Ontario Code of Conduct to conduct all proceedings in accordance with applicable law. In particular, the requirements of mandatory mediation in the Superior Court of Justice are explored from the perspective of the mediator, and the parties and their representatives, rules of evidence, the rules of civil procedure, and how to maximize the results from such settlement process. The use of case management in the court process is addressed in so far as it impacts on the time and cost of litigating, and the role of the case conference, settlement conference, and trial management conference in resolving issues and advancing the court proceeding. In the Ontario Small Claims Court, the role of mediators, court referees and court agents are analyzed in enhancing pre-trial outcomes and achieving settlements.

Course Code: ADR 5002

This course is designed to give the student an understanding of the rules of natural justice and the laws and procedures applicable when a matter is heard before an administrative tribunal rather than in the traditional court system. The Ontario Human Rights Code is examined and advocacy skills and procedures within such are also emphasized.

Course Code: ADR 5003

Through an examination of the Alternative Dispute Resolution (ADR) (Ontario) Canada Inc., Code of Conduct, the National Mediation Rules of ADR Canada Inc. and the National Arbitration Rules of ADR Canada Inc., this course is designed to explore ethics in both a broad and specific sense. The principles of fairness, competence, integrity, trust and confidentiality are examined not only from the view of the role that conflict resolution practitioner plays, but also with a look at self-reflection. A number of self-assessment tools will be utilized by the student in this course to identify personal biases, prejudices and styles of managing conflict. Ongoing feedback throughout the course will assist the student to develop the specialized skills needed as facilitator.

Course Code: ADR 5004

This course is an introduction to the role of advocate for the alternative dispute resolution (ADR) professional who will be attending various courts and tribunals. A great deal of emphasis will be placed on the students gaining the public speaking skills required for court or administrative tribunal matters. Through in-course presentations, and an inward examination of one?s own strengths and weaknesses as a facilitator, students will gain the confidence needed to step into the role conflict resolution facilitator.

Course Code: ADR 5005

Disputes are not confined to just the courtroom and can occur daily as part of every facet of life; whether it be between neighbours, among non- profit organizations, between roommates and even within our schools. This course will examine the impact conflict has on one?s community and the role an ombudsman, or a mediator plays in assisting the community to resolve the conflict. The Aboriginal community is emphasized including practices of restorative justice and healing circles with a focus on local circle facilitation initiatives. Tied to ethical issues in alternative dispute resolution (ADR), this course serves to build upon the skills and ability students will gain to handle the stress that exists in their current environments and to extend their knowledge of their cultural awareness.

Course Code: ADR 5006

Moving from theory to practice, students will explore the practice of mediation further from the perspective of the mediator, representing a party in mediation, and from the viewpoint of a party to mediation. Issues of gender, power imbalance, diversity and breakdown in communication will be examined. The practical learning is taken one step further with hands-on involvement in real-life mediated disputes while always observing the Code of Conduct. Through role plays, case studies and hands on observations, students will build upon the basic understanding of negotiations in ADR. 5000, to assist clients, businesses and community organizations in resolving disputes.

Course Code: ADR 5007

This course is designed to serve as an introduction to self-employment and small business management for the alternative dispute resolution (ADR) professional. It will introduce the concepts of entrepreneurship, marketing of a business and the business plan. Students will gain a basic understanding of the considerations involved in deciding to enter into an independent business and the steps involved in starting a new business in the ADR services field. At the same time, students will be given the opportunity to develop their skills in problem solving and decision-making through the design of a conflict resolution model. Whether the student?s goal is to start his/her own practice, or work within an established practice, this course will provide the necessary skills to develop and design a conflict resolution training program to be delivered in dependently or in conjunction with other mechanisms while adhering to the Code of Conduct.

Course Code: ADR 5008

This course will examine the expanding role of private arbitration to settle commercial disputes. The use of arbitration clauses in commercial agreements, such as construction contracts, partnership agreements, copyright agreements, and export-import agreements will be canvassed tougher with the proper drafting of such clauses. The different stages in the arbitration process will be examined on a step-by-step basis including the preparation of hearing, the role of the arbitrator, and the requirements under the Arbitration Act. In addition, a survey of the alternative dispute resolution process will be conducted in such specialty areas as financing disputes, landlord and tenant disputes, condominium disputes, and internet domain name disputes. Reference will be made to codes of ethics and rules of professional conduct developed by various arbitrator associations.

Course Code: ADR 5009

This course covers the role of mediation and arbitration in dealing with employer-employee disputes in the private employment sector and under collective bargaining agreements. The mediation processes available with the Employment Standards Branch, the Workplace Safety and Insurance Board, the Ontario Labour Relations Board, the Ontario Human Rights Tribunal and the Pay Equity Commission, are thoroughly examined in order to assist participants in facilitating settlements. In the labour context, the stages of the grievance process are explored together with the arbitration hearing, and the adjudication role of the Ontario Labour Relations Board.

Course Code: ADR 5100

This course covers the use of mediation to resolve disputes in the Family Court of the Ontario Court of Justice, the Superior Court of Justice, and, where applicable, the Family Court Branch of the Superior Court of Justice, commonly referred to as the Unified Family Court. Mediation is utilized to resolve custody and access disputes, child and spousal support claims, and issues concerning the division of matrimonial property. The need to focus on the interests of the parties in obtaining settlements, and the need for precise wording in any agreements that occur through mediation are thoroughly examined in order to avoid future conflict.

Course Code: ADR 5110

This course provides advocates in the insurance field with the fundamentals of mediation, neutral evaluation and arbitration in dealing with disputes relating to no-fault accident benefits under the standard Ontario automobile insurance policy. From the perspective of both the insured person and the insurer, the requirements of mandatory mediation are systematically presented including the application documentation, disclosure requirements, and the hearing process. The importance of medical evidence relating to disability and income loss and rehabilitation plans will be emphasized. Role-playing and classroom exercises will be utilized in order to assist the participants in fully understanding the dynamics of the mediation meeting and the arbitration hearing in the dispute resolution process.

Course Code: ADR 5120

Students will have the opportunity to observe and to participate in a variety of dispute settings in this 160-hour course. This opportunity allows students to apply their academic knowledge and classroom experiences in a practical setting.