Course Code: PLBA 3500
Academic Year: 2022-2023
This course examines the role of alternative dispute resolution (ADR) in selected court and administrative tribunal proceedings. The use of mediation in pre-trial and settlement conferences of the Ontario court system and the use of mediation and arbitration in the administrative tribunal sector are explored as to their scope and effectiveness. In particular, the course will examine ADR in the context of insurance-related disputes, employee complaints, labour grievances and human rights complaints. This course will also examine the role of paralegals in advancing their clients' interests in these processes and in developing the skills needed to act as mediators. In developing effective mediation practices, students analyze the cultural aspects of mediation, legal issues in mediation clauses and agreements, legislated ADR structures and applicable professional conduct directives. Through case studies, the interaction of ADR theories and practices are assessed and related to the outcomes achieved in developing optimum ADR models.