Curriculum - Dispute Resolution Certificate

The Alternative Dispute Resolution (ADR) Ethics course covers ethical obligations and conundrums of attorneys and neutrals in commonly used ADR processes, including negotiation, and mediation. California, and ABA ethical rules and practices will be analyzed, including the uniform model rules.

The Alternative Dispute Resolution (ADR) Law and Policy: Arbitration and Mediation course provides an overview survey of dispute resolution, primarily domestic and will include some interactive simulations and activities. The course will begin with an introduction to the full spectrum of dispute resolution options, including negotiation, mediation, arbitration, litigation and hybrid processes. We will review the ways in which the processes differ and discuss how to identify the best process for a particular dispute. 

Following this, students will then turn to the study of negotiation, focusing on the foundations and strategies of effective negotiation. The class will then move to the study of mediation, including the processes of mediation, the role, goals, styles, and skills of mediators, as well as the representation of clients during the mediation process. The third segment of this course will focus on arbitration, including the structuring of arbitration agreements as well as the legal framework supporting arbitration. We will also touch on other dispute resolution processes, including the interactive process for reasonable accommodation requests and factfinding. We will also explore ways of combining ADR processes to match the process to the dispute. Each segment will also include a discussion of the applicable ethical standards and applicable rules.

Contemporary Issues in Human Resource Compliance explores regulations and compliance issues as well as related problem-solving techniques in the workplace. Various current problems will be explored, such as harassment policies, prevention and enforcement, immigration compliance, social media policies, regulation of employee behavior outside the workplace, and more.

In this course, students will have an opportunity to gain and apply theoretical knowledge, awareness, understanding, practical skills and strategies to effectively facilitate cross-cultural and intercultural dispute resolution. This course surveys the various impacts of cultural differences, stereotypes, and attributes on key dispute resolution processes and conflict in general. It will follow a three-step approach to understanding the influence of culture on decision-making, including, but not limited to: awareness and knowledge of one’s own culture; knowledge and understanding of another party’s culture; and knowledge of the impact of either/both on the desired goal/outcome of the dispute. Through an overview of cultural values and structures, students will have the opportunity to explore their own cultural identity as well as learn from other cultural perspectives, including exploring cultural values and biases that may produce prejudice and discrimination. This course raises awareness of the issues related to biases, prejudices, and direct and indirect institutional discrimination often impacted in negotiation, mediation, and arbitration.

Employment Dispute Mediation provides a general survey of substantive employment law related to the procedural rules governing mediation. The course will begin with an introduction to the statutes, regulations and cases governing common employment disputes with a particular emphasis on anti-discrimination law, whistleblower protection, and employer accommodation of disabilities and religious practices. Hypotheticals and partner exercises will simulate aspects of the mediation of employment matters, specifically, counseling clients about mediation, drafting mediation briefs, communications during mediation sessions, negotiation tactics, and drafting agreements.

This course is designed to: (1) develop your understanding of negotiation, and your awareness of yourself as a negotiator; (2) give you some tools and concepts for preparing for and analyzing negotiations; (3) enhance your negotiating skills through frequent role plays, reflection and feedback; and (4) teach you how to keep learning from your own negotiating experience.