UiB : Juridisk Fakultet : Reglementer

JUS296 Dispute Resolution and Negotiation, 5 sp

Vedtatt på fullmakt av dekanus 23. januar 2007.

Bergen, Norway March/May 2007

Professor Larry Bakken
Hamline University School of Law
Email: lbakken@hamline.edu
Office Hours: Students are welcome. Specific hours will be arranged.

PART 1 INTRODUCTION TO DISPUTE RESOLUTION (March 2007)

Required Reading: Alternative Dispute Resolution In A Nutshell, Jacqueline M. Nolan-Haley, Thomson-West Publishing, 1992

Session one Negotiation, pages 1-55

Session two Mediation, pages 56-118

Session three Arbitration, pages 119-169

PART 2 NEGOTIATION (May 2007)

Required Reading: Bargaining for Advantage, G. Richard Shell Viking Press, New York, N.Y. 1999

Week One
Session one, Six Foundations for Effective Negotiation Bargaining Style, pages 1-38

Session two, Standards and Norms, pages 39-57

Session three, Relationships, pages 58-75

Session four, Other Parties Interest, pages 76-88

Session five, Leverage, pages 89-114

Week Two
Session six, The Negotiation Process- Strategy and Exchange of Information, pages 115-155

Session seven, Concessions and Commitment, pages 156-176

Session eight, Ethics, pages 177-233

Session nine, Becoming an Effective Negotiator, pages235-248

Session ten, Exercises

Coverage: The course will be an introduction to ADR and the Role of the Negotiation. The course addresses the role of the negotiators, mediators, and arbitrators. The course will also examine the bargaining process, ethics and various ADR tactics and techniques.

Purpose: This course will critically examine developments in the creation and use of selected methods that are alternatives to conventional forms of adjudication. ADR (or as we now call it, appropriate dispute resolution) includes a wide variety of processes, some of which are quite close to adjudication (arbitration) and others which are like adjudication in some ways (like adversarial presentations in negotiation and mini-trials) but unlike adjudication in other ways (the direct communication of parties in mediation and the ‘resolution” of problems based on future and interest based concerns, rather than past events and rights). There has been a virtual explosion of the use of a wide variety of processes and techniques for resolving and dealing with disputes and conflicts both in the public sector and in private arenas.
Part 1
Conflict is not necessarily good or bad. Conflict can be dysfunctional and it can be difficult and dangerous for personal, business or institutional relationships. Conflict often requires a third party neutral to assist parties in resolving their disputes and to create valuable and workable relationships after their disagreements. This course provides students with the basic skills in alternative dispute resolution and it provides students with an understanding of common ADR principles and practices.
Part 2
Students will be trained in the use of negotiation skills and provide students with a framework and theoretical foundation for the study of negotiation and to provide an opportunity for students to discuss important issues in the field of negotiation. In addition, students will practice their new negotiation skills in realistic simulations. Students will also be asked to critically evaluate the role of the negotiation within today’s society.

Class Requirements:
Participation: Students will be expected to actively participate in all classes and assigned exercise.

Final Examination: Participation in the whole course (two parts) registered and evaluated by the professor.
Marks: Pass/Fail.

Questions Regarding ADR and Negotiation
As one engages with the materials in the course readings, role-plays and exercises, written assignments, etc, consider the following:

1. What is the purpose of ADR and negotiation? How does ADR and negotiation satisfy the goals of conflict resolution? Do the principles of fairness and justice conflict with the goals of conflict resolution?

2. What is the historical context of ADR and what problems was it created to solve? What new problems has it created?

3. Has institutionalization of ADR created its own formalism? Is this a good, bad, or mixed development?

4. What is the evolving nature of ADR and negotiation? How should these topics be monitored, evaluated, and changed?

5. What is the lawyers role, both as a representative of clients in ADR.?

6. What are the ethical considerations in both the macro “justice” sense of and in micro sense of behavioral and strategic choices and behaviors?

Sist oppdatert 23.02.2007 av AT Kommentarer til denne siden.