Professional LLM in Dispute Resolution

Credits: 6.0

This course features national and international scholars who introduce candidates to theories of disputing and dispute resolution processes from a variety of perspectives, and showcases some of the issues that will be explored in greater depth in subsequent units. These include how conflict develops and evolves; personality and conflict; gender and conflict; an introduction to negotiation theory and practice; the role of lawyers in negotiation and mediation processes; and an introduction to a broad spectrum of dispute resolution processes. The course uses a variety of teaching methods, with an emphasis on experiential exercises, simulations and games.

Credits: 6.0

Students will be intensively exposed to a broad range of topics in the field. Topics include: adjudication and problem-solving; how the legal system understands conflict; a range of alternate theoretical models for analyzing and responding to conflict; conflict escalation and de-escalation; the impact of race, gender and cultural norms on conflict analysis; and evaluation of a range of negotiation theories, strategies and negotiator styles; philosophies, theories and styles of mediation; mediator neutrality; ethical issues in negotiation and mediation; power in negotiation and mediation; the role of the lawyer as negotiator and mediation advocate; hybrid processes for dispute resolution; designing dispute resolution processes; and the future of ADR.

Credits: 6.0

This course will examine ways of addressing disputes and conflict in complex settings, through several lenses. After briefly reviewing interest-based and problem-solving approaches, participants will explore identity- and value-based influences and learn about the concept of “framing” as a theoretical and practical underpinning for structuring resolution processes. Advanced mediation models and techniques will be settings, through several lenses. After briefly reviewing interest-based and problem-solving approaches, participants will explore identity- and value-based influences and learn about the concept of “framing” as a theoretical and practical underpinning for structuring resolution processes. Advanced mediation models and techniques will be considered and participants will explore, through critical thinking and hands-on exercises, what works for them in a practical sense. The course extends the analysis from the paradigmatic private two-party dispute to the multi-party setting in which both private and public actors may be involved. This requires looking at such things as how coalitions form and dissolve, and the implications that has for managing resolution processes. Using an interactive approach, participants in the course will rotate through the various roles in a negotiation or mediation: client, dispute resolution advocate, and mediator/facilitator.

Credits: 6.0

Creativity, innovation and the ability to work with others are three essential skills for success in the increasingly settlement-oriented conflict culture of the 21st century. To build and enhance these skills, this course takes an interdisciplinary arts-based approach to advocacy, negotiation and problem-solving. Using music- and arts-based exercises, students will expand their thinking and approaches to problem-solving, conflict management and dispute resolution beyond the limited rational-logical considerations of traditional legal analysis. Students will learn skills and methods to explore creative analysis of conflict and the efficacy of moving beyond adversarial, competitive and contentious approaches to employ more cooperative, collaborative “ensemble” approaches to dispute resolution. Empirical research and leading literature suggests that engagement with the arts reconnects people to their creative potential and leads them to see the efficacy of employing creative thinking in professional environments where analytical and critical thinking have generally been over-emphasized. Experiences with collaborative approaches to conflict have the potential to shift traditional norms and behaviours. Research has shown that artistic ways of thinking and being can enhance performance and lead to more desirable outcomes in practice. As Daniel Pink states, “the ‘left brain’ capabilities that powered the Information Age are necessary but no longer sufficient…the ‘right brain’ qualities of inventiveness, empathy, joyfulness, and meaning increasingly will determine who flourishes and who flounders.” This course encourages students to take radically different approaches to litigation, mediation, negotiation and settlement resolution in their professional lives. It asks student to re-examine fundamental questions related to who we are, what we do and how we do it as conflict resolution practitioners.

Credits: 3.0

Canadian courts have long called for the negotiated development of a pathway to reconciliation. However, many Canadian negotiation processes are seen to be unable to deliver meaningful change. Academic focus has primarily been on the perceived weaknesses of the Canadian constitutional law framework and the availability of alternatives based on international and Indigenous law. The course will examine the theory and practice of Crown-Indigenous Negotiations. The course is set up to facilitate conversation and dialogue between diverse perspectives with the goal of generating suggestions for improvement.

Credits: 6.0

Building on themes introduced in the Introductory Workshop and Theory course, this course explores the dynamics of culture in dispute resolution. Drawing on current literature and case examples, participants will have the opportunity to: Explore intrapersonal, interpersonal and intergroup dynamics of intercultural conflict; Examine cultural dimensions of specific conflict resolution processes; Analyze implicit meanings and cultural values of conflict resolution processes as they are practiced in a variety of sectors and settings, including private and public sector organizations and communities; Experience imaginative and creative tools for transforming cultural conflict; Learn about processes to address deep-rooted cultural conflict, including dialogue and appreciative inquiry.

Credits: 6.0

Students will examine the design of dispute resolution interventions, systems and principles. Theoretical models and case studies are used to develop a more detailed theory of the relationship between particular disputes and characteristics of disputes and dispute processes, and the relationship (and possible complementarity) between different processes. A range of simulations is used for design exercises, including both bi-party and multi-party disputes as they occur in litigation, community (for example as “public dialogue”) and institutional contexts.

Credits: 6.0

This course introduces students to the evolving field of online dispute resolution (ODR) and dispute resolution in the digital age.

Students will learn about the history/evolution of ODR, nature of online practice/interactions/disputes, ODR systems and applications, and the future of technology in conflict avoidance and/or management in various contexts.

Students in this course will also learn and practice the skills necessary for leading conflict resolution process beyond traditional geographical limitations. The course will enhance students’ capacity for effective online and virtual/remote communication and engagement (e.g., teleconferences, video conferencing, text-based processes, and virtual adjudication).

Credits: 6.0

Students will be immersed in an interactive and experiential course that will allow them to better understand the responsibility each of us has in the achievement of reconciliation and establishment of collaborative diversity. The Indigenous roots of restorative justice will be considered and applied to consider various approaches to address contemporary challenges. Topics include: inclusion, being an authentic ally, performative action, Indigenous dispute resolution, effective communication, beyond human rights, barrier reduction and Indigenous principles. Lectures, role plays and small group discussions will be used to consider the justice-seeking experience and contemplate the global impact of the intersection of Indigenous issues and dispute resolution (including drawing upon examples from the Indigenous client and working with Indigenous legal representatives). Students will have the opportunity to consider deep rooted systemic bias and solutions to overcoming such in a culturally sensitive and safe environment.

Credits: 6.0

This course will cover a number of foundational topics in the mediation field. It will do so by reference to the academic literature and relate the academic to the practical, and will examine the perspectives of counsel and mediator. In this course, we will focus on the interface between academic theory and the practical necessity to actually help the disputants to reach a mutually acceptable resolution of their dispute.

Credits: 6.0

This course is designed for students who intend to contribute to the field as a teacher or mentor, either as a consultant, at an academic institution or within their own organization. It begins with an examination of the theory and moves to integrate theory with practice. The elective critically assesses teaching and training pedagogy, particularly for adult learners, and then explores the growing field of conflict resolution coaching.