Research Methods (ConRes 635)
MCCORMACK GRADUATE SCHOOL OF POLICY STUDIES

SPRING 2011

Instructor:
Eben Weitzman
617-287-7489
www.disres.umb.edu

This course meets with three primary objectives: to provide students with a basic “literacy” in research methods, enabling them to be critical consumers of literature reporting research findings; to introduce students to the role and use of research methods in conflict intervention work; and to provide students preparing to undertake the Master’s Project an introduction to the types of research methodology that they are most likely to use in their Master’s Projects.

Introductory Theory (ConRes 623)
McCormack Graduate School of Policy Studies

FALL 2012

Instructors:
Rezarta Bilali
617-287-7489
www.disres.umb.edu

This course examines the theories and assumptions underpinning the practice of negotiation and mediation. It identifies the major schools of thought that influence models in practice and shape research agendas. It examines theories critically, with three aims—uncovering implicit assumptions of practice, testing those assumptions against empirical evidence or other theories, and gleaning insights to assist practitioners. (Thursday 6:00 p.m.-8:30 p.m.)

Alternative Dispute Resolution Seminar
SUFFOLK UNIVERSITY LAW SCHOOL

SPRING 2012

Instructor:
Terence Downes
Suffolk Law School
617-573-8183

This seminar examines the role of lawyers as societal problem solvers employing various methods of analyzing, reducing and resolving legal and other forms of dispute without resort to formal trial. Although some disputes can only be properly resolved through trial and appeal, the vast majority of cases and controversies confronted by lawyers can be—and routinely are—resolved without trial. Through the semester, students become familiarized with negotiation, mediation and arbitration, the three major components of ADR and with methods of their usage common in law practice. Essential to the seminar is regular and active class participation, a willingness to think clearly and with disciplined creativity, and the further development of each student’s ability to both constructively analyze and confront opposing views and to articulate one’s own. Through a combination of readings, regular short writing assignments, role plays and class follow up discussions, students begin the development of the professional skills essential to problem solving. May fulfill legal writing requirement. Students may not enroll in both Alternative Dispute Resolution and Negotiations. (Wednesday 7:50-9:05 p.m.)

Alternative Dispute Resolution
SUFFOLK UNIVERSITY LAW SCHOOL

FALL 2011/SPRING 2012

Instructor:
Dwight Golann
Fall 2011
Suffolk Law School
617-573-8183

Robert Smith
Spring 2012
Suffolk Law School
617-573-8573

One of a lawyer’s primary tasks is to resolve disputes. Most controversies are never decided by a court, but instead are settled by agreement. The ability to negotiate and mediate effectively is thus crucial for litigators as well as lawyers practicing in other contexts. This course focuses on the processes of negotiation and mediation, and to a lesser degree on arbitration and dispute resolution design. It uses a mixture of lecture, discussion, role-playing and video to give students an introduction to the theory and practice of ADR, including how to use such processes effectively on behalf of a client. There will be a final examination, as well as short writing assignments and in-class exercises. Enrollment may be limited. Students may not enroll in both Alternative Dispute Resolution and Negotiation or Negotiation for Lawyers. (Fall: Tuesday and Thursday 10:00-11:15 a.m.; Spring: Wednesday, 4:00 – 5:50 p.m.)

Alternative Dispute Resolution
NORTHEASTERN UNIVERSITY SCHOOL OF LAW

FALL 2011
Instructor:
Sarah Garraty
617-353-2395

Law school courses focus almost exclusively on adjudication as a model for resolving legal disputes, yet only a fraction of disputes actually go to trial. This course exposes students to the many alternatives to trial, including negotiation, mediation, arbitration, fact-finding, and hybrid combinations of these methods. After the characteristics of these various models are examined, simulations drawn from a number of different areas (such as family, environmental, commercial, and consumer law) will be used to explore the conceptual, practical, and ethical issues that come up in different contexts. Guest speakers and audiovisual materials will be included. A final paper or final examination will be required. (Days and Times TBA)

Alternative Dispute Resolution
NEW ENGLAND SCHOOL OF LAW (AR252)

FALL 2012
Instructor:
Davalene Cooper
Martha Koster
617-422-7271

Designed to familiarize students with alternatives to traditional means of settling disputes. The course begins with the traditional method of dispute resolution, litigation, and later concentrates on negotiation, mediation, and arbitration. The course also exposes students to various programs in Massachusetts that use alternative processes of dispute resolution.

In-class simulations of fact patterns are used as a means of illustrating certain resolution methods. A major portion of the final grade is based on the successful completion and in-class presentation of a research paper by each student, which looks critically at an emerging issue in the ADR field. Please check the most recent course registration information to determine if this course meets the professional skills or seminar requirements. (Session times TBA)

Dispute Systems Design
HARVARD LAW SCHOOL

SPRING 2013

Instructor:
Mr. Rory Van Loo

Lawyers are often called upon to help design systems for managing and/or resolving conflicts that support or supplant existing legal structures. Implicitly or explicitly, every institution and organization has a system for managing disputes. In some cases, the system may be formal, with administrative hearings, courts, tribunals, and complex appeal and review processes. In other cases, organizations may have few if any formal means for managing conflict. In these instances, conflicts may be managed through informal negotiation and mediation or by simply lumping it. As individuals, institutions, organizations, and nations become more aware of the ever-rising cost of conflict (in economic, relational, and human terms), many are seeking to design and implement systems to manage disputes with greater effectiveness and efficiency. Though lawyers have traditionally been viewed primarily as advocates who resolve already-ripened disputes through litigation and negotiation, this explosion of interest in more efficient and tailored approaches to conflict management has highlighted the special opportunity for lawyers to serve as creative “dispute process architects.” This seminar will introduce students to the theory and promise of dispute systems design with an aim to train students to play this new and more creative professional role. After an overview of various dispute resolution processes and a thorough introduction to the basics of dispute systems design, the course will offer for critique several domestic and international case studies of dispute systems design in practice. These may include an examination of the 9/11 Compensation Fund, university harassment policies, transitional justice programs and truth commissions in the aftermath of atrocities, and several institutional integrated conflict management systems in U.S. companies.

Students who would like to participate in the optional clinical must enroll through clinical registration. Clinical placements are with the Harvard Negotiation and Mediation Clinical Program. Please refer to the Office of Clinical and Pro Bono Programs website (http://www.law.harvard.edu/academics/clinical) for clinical registration dates, early add/drop deadlines, and other relevant information.

Tuesday (5:00 p.m. — 7:00 p.m.)

Conflict Analysis and Intervention (LGLS 130a)
BRANDEIS UNIVERSITY PEACE, CONFLICT, AND COEXISTENCE STUDIES PROGRAM

FALL 2012

Instructor:
Melissa Stimell
781-730-3027

Examines alternatives to litigation, including negotiation and mediation. Through simulations and court observations, students assess their own attitudes about and skills in conflict resolution. Analyzes underlying theories in criminal justice system, divorce, adoption, and international arena. (Tuesday and Friday, 11:00 a.m.-12:20 p.m.)

Alternative Dispute Resolution JD 881 (A1)

BOSTON UNIVERSITY SCHOOL OF LAW

FALL 2012
Ilana Hurwitz
617-353-3142

One of a lawyer’s primary tasks is to resolve disputes. Most controversies are never decided by a court but instead are settled by agreement. The ability to negotiate and mediate effectively is therefore crucial for litigators as well as lawyers practicing in other contexts. This course focuses on the processes of negotiation and mediation, and to a lesser degree on arbitration and dispute resolution design. It uses a mixture of discussion, short lectures, role-playing and video to give students an introduction to the theory and practice of alternative dispute resolution, including how to use these processes effectively on behalf of clients. NOTE: This course satisfies the upper-class professional skills requirement. (Monday and Wednesday: 11:00 a.m.-12:25 p.m.)

Advanced Alternative Dispute Resolution
BOSTON UNIVERSITY SCHOOL OF LAW (JD 955 A1)

NOT OFFERED 2012

Instructor:
Barry Weiner
617-353-3110

This seminar series will offer students the opportunity to actually mediate and arbitrate a specific case through 2 party role playing with Mr. Weiner as Judge, Mediator and Arbitrator. During the course, both sides will consider the advisability of mediation and its timing, and argue arbitrability in the context of a motion to compel arbitration before a court. The objectives of the series are for the students to begin to develop an understanding of the strategic, tactical and legal considerations of mediation and arbitration, and the advocacy skills required in mediating and arbitrating a dispute. Students will be graded on the basis of their written work and classroom performance. There will be no final exam. NOTES: This seminar does not satisfy the Upperclass Writing Requirement. This seminar satisfies the upper-class professional skills requirement. (Monday 4:20-6:20 p.m.)