Legal Studies (LGST) 489

Overview

The main objective of this course is to provide students with a theoretical and practical understanding of alternative dispute resolution (ADR). The course focuses on the two main dispute-resolution methods: negotiation and mediation. It introduces the fundamental concepts and principles of dispute resolution, and the skills and techniques used by dispute resolvers. It also explores some of the areas in law and law enforcement in which ADR is used, or could be used, including mediating family law disputes, negotiating contracts, and resolving disputes online.

This course is designed to provide students with practical knowledge that will be useful to them in all areas of their lives where they may encounter conflicts, disputes, and claims.

Outline

LGST 489 consists of these units:

• Unit 1: Conflicts, Disputes, and Claims
• Unit 2: Introduction to Alternative Dispute Resolution: What Is It? Why Use It?
• Unit 3: Negotiation
• Unit 4: The Negotiation Process
• Unit 5: Negotiation in Practice
• Unit 6: Principles of Mediation
• Unit 7: The Mediation Process
• Unit 8: Mediation in Practice
• Unit 9: Hybrid Processes
• Unit 10: Online Dispute Resolution
• Unit 11: Designing and Evaluating Systems and Processes
• Unit 12: Indigenous Dispute Resolution in Canada

Learning outcomes

1. After completing this course, students should be able to

   1. describe the field of alternative dispute resolution and the most common processes used by dispute resolvers.
   2. explain how ADR differs from traditional legal processes and describe ADR’s strengths and weaknesses.
   3. analyze a situation of actual or potential conflict and describe how ADR might be used to help resolve it.
   4. demonstrate at a basic level the interpersonal skills needed to engage in the various forms of ADR.
   5. demonstrate their knowledge of the procedures and techniques needed to engage in the various forms of ADR.
   6. recognize and explain specific issues and concerns associated with using ADR, such as gender, power, and culture, and the potential impact of these issues on the process, the client, the practitioner, and the appropriateness of ADR.
   7. explain the importance of ADR within the Canadian justice system and describe how ADR responds to issues of equity, diversity, and inclusion.
   8. list some themes and describe some processes associated with Indigenous dispute resolution in Canada.

Evaluation

To receive credit for LGST 489, students must complete and submit all of the course assignments, achieve a grade of at least D (50 percent) on the final exam, and achieve an overall course grade of at least D 50 percent. The weighting of the composite grade is as follows:

Activity	Weight
Assignment 1: Written or Video Presentation	15%
Assignment 2: Written or Video Presentation	15%
Assignment 3: Pre-Mediation Preparation Video	15%
Assignment 4: Mediation Opening Address Video	15%
Assignment 5: Mediation Summary Video	15%
Final Exam	25%
Total	100%

The final examination for this course must be requested in advance and written under the supervision of an AU-approved exam invigilator. Invigilators include either ProctorU or an approved in-person invigilation centre that can accommodate online exams. Students are responsible for payment of any invigilation fees. Information on exam request deadlines, invigilators, and other exam-related questions, can be found at the Exams and grades section of the Calendar.

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

Materials

This course either does not have a course package or the textbooks are open-source material and available to students at no cost. This course has a Course Administration and Technology Fee, but students are not charged the Course Materials Fee.

All course materials, including readings and videos, are available online.

Important links

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