Alternative Dispute Resolution Certificate

GES 407 -- 180 hours

Course Outline

Students will begin by choosing the foundational CORE Mediation course outlined below:

CORE Mediation Certificate (Required Foundational Course)
I. Module One: Mediation and Advanced Dispute Resolution in Context

Introduction to the Mediation Process
Mediator Roles and Approaches
Overview of Roots of Conflict
Theories of Conflict

II. Module Two:

Your Personal Style of Conflict
The Passive-Assertive-Aggressive Continuum
Aggressive Encounters and the Art of Questioning

III. Module Three:

Management of Initial Contact with Disputants
Conflict Analysis and Pre-Planning
Preparing Ground Rules and Building Trust and Cooperation

IV. Module Four:

Assessment of Conflict Communication Skills
A Foundation for Nonviolent Communication
Good Communicators are Good Listeners
Building Rapport

V. Module Five:

Mediators Opening Statement
Creating a Positive Climate and Defining Issues
Setting an Agenda
An Overview of Negotiation

VI. Module Six:

Neutrality and Impartiality
Impartiality and Counter-Transference
Gender and culture in mediation
Culture and conflict

VII. Module Seven:

Uncovering and Examining Hidden Interests
The Use of Caucuses
Dealing with Intractability and Impasses
Taming the Hard Bargainer

VIII. Module Eight:

Generating Options
Final Bargaining
The agreement: crafting the MOU
Ethical Standards

Program Elective Outlines (students will choose 2 courses from the following):

Divorce and Parenting Time Mediation Certificate
I. Module One:

Overview of Family ADR
Divorce and Parenting Mediation
Family Mediation Niches
Med/Arb and Parent Coordinator Overview

II. Module Two:

Family Systems Theory
The Psychology of Divorce
Analyzing Family Conflict
How Families Fight

III. Module Three:

Case Assessment
Issue Identification
Joint Problem-Solving and Generating Options
Using Caucuses in Mediation

IV. Module Four:

Decision Making and Co-Parenting
Parenting Plans
Preparing for Negotiations
Relationship Building and Active Listening

V. Module Five:

Managing the Budget/Calculating Child Support
Asset Division Negotiation Case Study
Setting an Agenda

VI. Module Six:

What Mediators Need to Know
Providing Support
Integrating Children into the Process
Interviewing Children and Crafting Interventions

VII. Module Seven:

Abuse Issues
Mental Health Concerns
Non-Divorce Issues

VIII. Module Eight:

Role of Mediator in Legal Process
Working with Attorneys and Other Professionals
Ethical Issues and Standards of Practice
The MOU, Mentorship, and Consultation

Workplace Mediation Certificate
I. Module One:

Conflict Management in the Workplace
Process Options for Workplace Conflict
Conflict Managers in the Workplace
Era of the Ombudsman

II. Module Two:

Mediation of Workplace Tiffs
Establishment of Mediation Conditions
Diagnosing the Conflict
Organizational Group Conflict

III. Module Three:

Conflict in the Workplace
Issue Identification
Communication Skills
Conflict Management Strategies and Skills

IV. Module Four:

Understanding Claims and the EEOC
Summary of Title VII
Sexual Harassment

V. Module Five:

ADA Act and ADR
Family Medical Leave Act
Unions and Collective Bargaining
Termination Issues

VI. Module Six:

Stereotypes and Perceptual Errors
Common ADR Challenges and Interventions
Workplace Violence

VII. Module Seven:

Abuse of Power
Conflict and Culture
Cross-Cultural Issues
Cross Cultural Teams

VIII. Module Eight:

Appreciative Inquiry
The ADR Specialist
Ethics and ADR

Health and Eldercare Mediation Certificate
I. Module One:

Re-visioning Conflict as Opportunity
How the Healthcare System Generates Conflict
Mediation and the Healthcare System

II. Module Two:

Through the Eyes of the Patient
Common Patient/Family Disputes with the Healthcare Team
Common Doctor/Nurse/Staff Disputes
The Role of Informal Mediation in Healthcare

III. Module Three:

Family Dynamics
Families and Conflict
Case Assessment

IV. Module Four:

Growth of the Field
Common Disputes
Assisted Care Issues
Family Issues

V. Module Five:

The Bioethics Field
Common Issues to Bioethics
Bioethics and Mediation

VI. Module Six:

Overview of Process
Bioethics Mediation Issues
Problem-Solving Approaches

VII. Module Seven:

From Analysis to Planning
Defining Common Ground
BATNAs and WATNAs
The MOU

VIII. Module Eight:

The Interdisciplinary Approach
Ethical Standards in Healthcare Dispute Resolution

Construction Mediation Certificate
I. Module One:

Overview of Sources of Conflict
Project and Process Conflict

II. Module Two:

Designing Dispute Resolution Systems
Risk Management and Allocation

III. Module Three:

Overview of DRBs
DRB and Dispute Prevention
DRB and Dispute Resolution

IV. Module Four:

Costs of Litigation
Arbitration Pros and Cons
When to Use these Options

V. Module Five:

Overview of Partnering Process
Benefits of Partnering
Future of Partnering

VI. Module Six:

A Unique Mediation Field
Structuring the Mediation
Fact-Finding

VII. Module Seven:

Multi-Party Dispute Resolution
Complex Disputes
Case Study Analysis

VIII. Module Eight:

How Experts are Commonly Used
Pitfalls of Using an Expert
Construction and ADR Ethics

Arbitration Certificate
I. Module One:

Common Applications of Arbitration
Comparison of Arbitration to Litigation
Benefits and Disadvantages of Arbitration Compared to Litigation
Comparing Mediation to Arbitration

II. Module Two:

Modern Arbitration
Contract and Jurisdictional Issues
Judicial Review
Conflicts of Interest and Arbitrator Disclosure

III. Module Three:

Outlining the Process
Pre-Hearing Discovery
Setting a Schedule

IV. Module Four:

Dealing with Delay Tactics
Establishing a Hearing Room
The Arbitrator’s Opening Statement

V. Module Five:

Types of Evidence
Rules of Evidence and the Use of Experts
Arbitrator Participation in the Questioning Process
Weighing the Evidence

VI. Module Six:

Directing the Process and Counsel
Handling Difficult Participants
Submission of Post-Hearing Evidence
Post-Hearing Briefs

VII. Module Seven:

Review of Applicable Law
Time for Rendering Award
Damages Awards vs. Award of Injunctive Relief
Weighing Testimony and Evidence

VIII. Module Eight:

Writing an Award and Enforcement Mechanisms
Overturning an Arbitration Award

Advanced Dispute Mediation Certificate
I. Module One:

The Artistry of Mediation
Stages of Development
Six Hallmarks of Artistic Practice
Exploration of Skill Sets

II. Module Two:

Overview of Flow of Artistry
Working Smart in a Service Profession
Understanding Secondary Trauma

III. Module Three:

Values Clarification
You Are What You Think
The Importance of Physical Health
Community and Intimacy

IV. Module Four:

Theories, Approaches, and Models
Humanistic Mediation
Insight Mediation

V. Module Five:

Mediation Formulation
Mapping Your Constellation of Theories
Narrative Mediation
Evaluative Mediation

VI. Module Six:

The ADR Specialist
Techniques of Facilitation and Mediation
Preventative ADR Systems

VII. Module Seven:

Circular Questioning
JOOTS
Mindfulness

VIII. Module Eight:

Neurobiology
Procedural Memory
Ethical Dilemmas