Alternative Dispute Resolution: Principles, Process, Practice

This course examines the fundamentals of principled negotiations where interest-based bargaining is emphasized. This approach moves from the traditional model of competitive, distributive negotiations to integrative bargaining featuring collaborative strategies to reconcile the parties' competing interests. The students develop negotiation skills that enable them to effectively deal with conflict and fashion creative, value-added solutions. Various exercises will demonstrate how to use objective criteria, set a reservation point, and identify the best alternative to a negotiated settlement. The students are also introduced to the manner in which mediators help disputants make the transition from positional to problem-solving negotiations. The facilitative model of mediation is featured where the mediator allows the parties to take account of a wider spectrum of needs and interests, and to generate creative options in overcoming impasse. The contrasting evaluative mediation model is explored, as to the mediator's use of communication skills, reframing techniques and personality traits in order to make the mediation process effective. The important impact of ethical considerations and legal issues on these forms of alternative dispute resolution receive special attention.