Conflict Management and the Use of Alternative Dispute Resolution Certificate Program

Transcription

1 Conflict Management and the Use of Alternative Dispute Resolution Certificate Program

2 OVERVIEW Alternative Dispute Resolution is a collection of strategies for resolving legal disputes outside of the usual court process, and is intended to supplement court adjudication. The processes of negotiation, mediation, arbitration and other extra-trial settlement procedures have long been an integral part of courtdominated litigation. In the early 1950's, state and federal legislation began to emerge defining the specific model codes of conduct for mediators in determining the efficacy of using mediation in the legal process. All participants who successfully complete the Mediation course will receive a Certificate of Completion verifying that the guidelines of the California Resolution Programs Act have been satisfied. In addition, eligible participants will receive Minimum Continuing Legal Education (MCLE) credit upon the successful completion of courses. OBJECTIVES OF THE PROGRAM 1. Identify conflict at its early stages of evolution. 2. Distinguish and recognize the best dispute resolution process given the nature of the conflict. 3. Work toward building relationships, where the disputing parties reach a "win-win" solution. 4. Learn practical tools and concrete techniques to resolve disputes before they escalate into expensive legal problems. 5. Work in the field of dispute resolution combined with the benefit of academic feedback in a working and interactive environment. 6. Implement a successful and cost effective dispute resolution system within the organization, which will reduce litigation costs. PROGRAM BENEFITS Understand and implement ADR processes to avoid or reduce costly litigation Apply productive problem-solving techniques Build dynamic teams with common goals and interests Obtain MCLE credit Earn a Certificate of Completion verifying that the guidelines of the California Resolution Programs Act have been satisfied (Mgmt X450.18) WHO SHOULD ENROLL Anyone interested in exploring new ways to effectively communicate and understand others' motivations and perspectives in order to: Help parties arrive at suitable solutions when conflicts arise Resolve future problems before they start Determine the "real issue" sticking points and develop solutions for the true obstacles Better manage personalities and projects CERTIFICATE REQUIREMENTS A Conflict Management and the Use of Alternative Dispute Resolution certificate is awarded by UCI Extension to candidates who complete four (4) required courses and two (2) electives with grades of "C" or better. This program entails a minimum of 155 hours of instruction. Certificate requirements must be fulfilled within five years from the date of enrollment in the program. Students who want to obtain a certificate should apply for candidacy prior to completion of the third course in the program. Students not pursuing the certificate program are welcome to take as many individual courses as they wish. To maintain the academic quality of the program we recommend that candidates take the courses in the sequence listed on the chart in the following page. To receive the certificate, submit a Request for Certificate form when enrolled in your last course in the program. The form is located on our website at. For more information about the program, please contact rachel.alvarez@uci.edu or (949) PROGRAM FEES The total cost of the program varies depending on the electives chosen. Actual fees may differ from the estimate below. Fees are subject to change without prior notice. Course Fees (4 required & 2 electives) $2,100 Candidacy Fee $125 Textbooks $600 Parking ($34 per quarter) $136 Total Estimated Cost $2,961

3 LIST OF COURSES COURSE # REQUIRED COURSES Units WI SP SU FA Mgmt X Alternative Dispute Resolution and Conflict Management 2.5 Socecol X456 Negotiation Skills 2 Mgmt X Mediation 3 Mgmt X Arbitration 3 ELECTIVE COURSES Socecol X Civil Advanced Mediation 2.5 Socecol X Neutral Fact Finding & Investigation 2.5 Socecol X Group Facilitation & Meeting Management Skills 2.5 Socecol X Domestic Relations Mediation 3 Note: Schedule is subject to change. WI=Winter, SP=Spring, SU=Summer, FA=Fall Visit for most current schedule and to enroll. The following elective courses are no longer offered, but will still be applicable towards the certificate requirements: Mgmt X492.3, International Business Negotiations Socecol X450.26, Mediating Environmental & Public Policy Disputes Important Announcement The Conflict Management and the Use of Alternative Dispute Resolution certificate program is currently being re-evaluated and participant s feedback is greatly appreciated.

4 REQUIRED COURSE DESCRIPTIONS Alternative Dispute Resolution and Conflict Management Mgmt X (2.5 units) All organizations encounter conflict in the course of conducting business. Many problems can be resolved by those who understand how to effectively use conflict resolution processes. This course examines Alternative Dispute Resolution (ADR) as it is used in the business environment. Litigation, arbitration, mediation, ombudsmen, and private judging are just some of the processes reviewed. Upon completion of this course, students shall have a working understanding of how to use the different conflict resolution processes available, along with a knowledge of the basic skills of communication, conflict resolution and negotiation. A successfully implemented conflict resolution program can save money, reduce litigation and settlement costs. Eligible participants will earn 22 hours of general MCLE credit. Negotiation Skills Socecol X456 (2 units) Traditionally, the primary negotiation strategy utilized has been a competitive approach commonly referred to as "distributive bargaining." Recently, a more cooperative approach has emerged fostering the term "win-win" negotiation. This approach centers on interests rather than issues and attempts to create value for each side. In an interest based negotiation, attention moves toward solution. This course explores the theory and practice of negotiation and the methodology of obtaining cooperative conflict resolution. It will help business managers and professionals examine positional bargaining, cooperative approaches to impasses and collaborative styles of negotiation techniques. Mediation Mgmt X (3 units) This course is an interactive mediation skills building program. The format includes lecture, group exercises and role-plays. Students will learn about the mediation process including convening, setting an agenda, opening statements, negotiation techniques, and writing mediation agreements. Emphasis is on communication skills. Discussions will include how to create options, acknowledge value, and identify acceptable settlement ranges. Strategies for special situations will be presented along with mediator styles and ethical considerations. Through roleplays, you will learn about setting up a room, pacing, establishing trust and caucusing. Eligible participants will earn 27.5 hours of general MCLE credit. Arbitration Mgmt X (3 units) Arbitration is one of the oldest forms of alternative dispute resolution. As a result of its long history and statutory backing, contractual arbitration is one of the most widely used forms of non-litigious dispute resolution in the United States. Students will have an in depth view into how arbitration is initiated, how to write an arbitration clause and how to select a qualified arbitrator. For those who would like to add arbitration to their skills, instruction will include how to effectively arbitrate disputes. This is an important course of study for those involved in collective bargaining agreements, employment contracts, and other agreements where contractual arbitration exists. The curriculum will be of benefit to anyone who currently implements arbitrations, has a desire to become an arbitrator, or those who would like a better understanding of such a commonly used conflict resolution process in the work place today. Eligible participants will earn 27.5 hours of general MCLE credit. ELECTIVE COURSE DESCRIPTIONS Civil Advanced Mediation Socecol X (2.5 units) This course will develop and enhance your mediation skills through the use of case studies, mock mediation, interactive group discussion, guest speakers and videos. Topics include an overview of court-mandated mediation in civil cases; the role of judges, lawyers, and mediators; styles of mediation and negotiation strategies; techniques for breaking impasse; and generating options for settlement. You will have the opportunity to participate in role-plays, to improve your active listening skills from the beginning interview or opening statement to resolution. The nature of conflict, paradigm of ADR processes, confidentiality and ethics, the organization of information and drafting of agreements will be addressed. Eligible participants will earn 22 hours of general MCLE credits. Neutral Fact Finding & Investigation Socecol X (2.5 units) From small businesses to large corporations, employees are afraid to be open with internal investigators for fear of losing their jobs. Learn the value of neutral fact-finding and neutral

5 investigations. This class will teach tips and techniques that conform to the latest court decisions including the Cotran ruling. Be prepared for interactive exercises and role-plays in active listening, neutrality, and how to prepare neutral documentation. Group Facilitation and Meeting Management Skills Socecol X (2.5 units) This course is designed for ADR and other professionals who are involved in managing groups, meetings, boardrooms, and multi-party mediation. A successful mediator remains neutral, is an advocate for the process, keeps negotiations on track, and demonstrates empathy, while encouraging the parties to reach an agreement. All of these traits require excellent communication skills. The new interaction method of facilitation is similar yet different. Come learn the tips, techniques and skills required to achieve effective "proactive" group management. This class will be very interactive and participation is encouraged. Topics will include convening, setting agendas, active listening, building consensus, overcoming resistance and turning reactionary attitudes into proactive results. Domestic Relations Mediation Socecol X (3 units) Mediation is regularly used in the resolution of disputes involving child custody and visitation. The Domestic Relations Mediation course is designed to provide students with an understanding of general principles of family law, the emotional and psychological stages of divorce, and mediation process skills. Students will learn about parenting plans, child and spousal support, financial issues, and property division. Through role-plays and exercises, students will practice their communication skills addressing issues of power imbalance, anger, and bias. Ethical obligations, domestic violence, standards of practice, and drafting agreements will also be discussed. The course is highly interactive and participatory. Guest speakers will describe how outside experts are used effectively in the mediation process. Eligible participants will earn 27.5 hours of general MCLE credit. 10/10/2007