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


III. Module Three: Pre-Negotiation and Designing Mediation
• Management of Initial Contact with Disputants
• Conflict Analysis and Pre-Planning
• Preparing Ground Rules and Building Trust and Cooperation


IV. Module Four: Communication Skills for Mediation
• Assessment of Conflict Communication Skills
• A Foundation for Nonviolent Communication
• Good Communicators are Good Listeners
• Building Rapport


V. Module Five: Beginning the Mediation
• Mediators Opening Statement
• Creating a Positive Climate and Defining Issues
• Setting an Agenda
• An Overview of Negotiation


VI. Module Six: Mediator Neutrality and Issues of Power, Gender, and Culture
• Neutrality and Impartiality
• Impartiality and Counter-Transference
• Gender and culture in mediation
• Culture and conflict


VII. Module Seven: The Middle Stage of Mediation
• Uncovering and Examining Hidden Interests
• The Use of Caucuses
• Dealing with Intractability and Impasses
• Taming the Hard Bargainer


VIII. Module Eight: Mediation Ethics, Final Bargaining and Agreement
• Generating Options
• Final Bargaining
• The agreement: crafting the MOU
• Ethical Standards




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

Divorce and Parenting Time Mediation Certificate
I. Module One: Mediation and Advanced Dispute Resolution
• Overview of Family ADR
• Divorce and Parenting Mediation
• Family Mediation Niches
• Med/Arb and Parent Coordinator Overview


II. Module Two: Family Dynamics and Conflict
• Family Systems Theory
• The Psychology of Divorce
• Analyzing Family Conflict
• How Families Fight


III. Module Three: The Family Mediation Process
• Case Assessment
• Issue Identification
• Joint Problem-Solving and Generating Options
• Using Caucuses in Mediation


IV. Module Four: Mediating Parenting Plans
• Decision Making and Co-Parenting
• Parenting Plans
• Preparing for Negotiations
• Relationship Building and Active Listening


V. Module Five: Asset Division and Negotiation
• Managing the Budget/Calculating Child Support
• Asset Division Negotiation Case Study
• Setting an Agenda


VI. Module Six: Working with Children in Mediation
• What Mediators Need to Know
• Providing Support
• Integrating Children into the Process
• Interviewing Children and Crafting Interventions


VII. Module Seven: Special Issues
• Abuse Issues
• Mental Health Concerns
• Non-Divorce Issues


VIII. Module Eight: Mediation Ethics, Final Bargaining and Agreement
• 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: ADR and Workplace Conflict
• Conflict Management in the Workplace
• Process Options for Workplace Conflict
• Conflict Managers in the Workplace
• Era of the Ombudsman


II. Module Two: Diagnosing Workplace Conflict
• Mediation of Workplace Tiffs
• Establishment of Mediation Conditions
• Diagnosing the Conflict
• Organizational Group Conflict


III. Module Three: Overview of ADR Skills
• Conflict in the Workplace
• Issue Identification
• Communication Skills
• Conflict Management Strategies and Skills


IV. Module Four: Law and Workplace ADR
• Understanding Claims and the EEOC
• Summary of Title VII
• Sexual Harassment


V. Module Five: ADR and Workplace Discrimination
• ADA Act and ADR
• Family Medical Leave Act
• Unions and Collective Bargaining
• Termination Issues


VI. Module Six: Difficult People and Workplace Violence
• Stereotypes and Perceptual Errors
• Common ADR Challenges and Interventions
• Workplace Violence


VII. Module Seven: Power and Culture
• Abuse of Power
• Conflict and Culture
• Cross-Cultural Issues
• Cross Cultural Teams


VIII. Module Eight: The Future of Workplace ADR
• Appreciative Inquiry
• The ADR Specialist
• Ethics and ADR


Health and Eldercare Mediation Certificate
I. Module One: Opportunities of Conflict in Healthcare
• Re-visioning Conflict as Opportunity
• How the Healthcare System Generates Conflict
• Mediation and the Healthcare System


II. Module Two: The Patient and the Healthcare Team
• 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 Mediation Skills
• Family Dynamics
• Families and Conflict
• Case Assessment


IV. Module Four: The Field of Eldercare
• Growth of the Field
• Common Disputes
• Assisted Care Issues
• Family Issues


V. Module Five: Bioethics
• The Bioethics Field
• Common Issues to Bioethics
• Bioethics and Mediation


VI. Module Six: The Bioethics Mediation Process
• Overview of Process
• Bioethics Mediation Issues
• Problem-Solving Approaches


VII. Module Seven: Mediator Process Applied to Healthcare Disputes
• From Analysis to Planning
• Defining Common Ground
• BATNAs and WATNAs
• The MOU


VIII. Module Eight: The Future of Workplace ADR
• The Interdisciplinary Approach
• Ethical Standards in Healthcare Dispute Resolution


Construction Mediation Certificate
I. Module One: Conflict and the Construction Industry
• Overview of Sources of Conflict
• Project and Process Conflict


II. Module Two: Dispute Prevention in Construction
• Designing Dispute Resolution Systems
• Risk Management and Allocation


III. Module Three: Dispute Review Boards
• Overview of DRBs
• DRB and Dispute Prevention
• DRB and Dispute Resolution


IV. Module Four: Arbitration and Litigation
• Costs of Litigation
• Arbitration Pros and Cons
• When to Use these Options


V. Module Five: Partnering
• Overview of Partnering Process
• Benefits of Partnering
• Future of Partnering


VI. Module Six: Construction Mediation
• A Unique Mediation Field
• Structuring the Mediation
• Fact-Finding


VII. Module Seven: Multi-Party and Complex Disputes
• Multi-Party Dispute Resolution
• Complex Disputes
• Case Study Analysis


VIII. Module Eight: The Use of Experts and Ethical Considerations
• How Experts are Commonly Used
• Pitfalls of Using an Expert
• Construction and ADR Ethics


Arbitration Certificate
I. Module One: An Overview of Arbitration
• Common Applications of Arbitration
• Comparison of Arbitration to Litigation
• Benefits and Disadvantages of Arbitration Compared to Litigation
• Comparing Mediation to Arbitration


II. Module Two: Legal and Ethical Issues of Arbitration
• Modern Arbitration
• Contract and Jurisdictional Issues
• Judicial Review
• Conflicts of Interest and Arbitrator Disclosure


III. Module Three: Pre-Hearing Procedures
• Outlining the Process
• Pre-Hearing Discovery
• Setting a Schedule


IV. Module Four: The Arbitration Opening
• Dealing with Delay Tactics
• Establishing a Hearing Room
• The Arbitrator’s Opening Statement


V. Module Five: The Arbitration Hearing and Matter of Evidence
• 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 Arbitration Process and Post-Hearing Submissions
• Directing the Process and Counsel
• Handling Difficult Participants
• Submission of Post-Hearing Evidence
• Post-Hearing Briefs


VII. Module Seven: Closing the Arbitration Hearing and Awards
• Review of Applicable Law
• Time for Rendering Award
• Damages Awards vs. Award of Injunctive Relief
• Weighing Testimony and Evidence


VIII. Module Eight: Writing Awards and Enforcement
• Writing an Award and Enforcement Mechanisms
• Overturning an Arbitration Award


Advanced Dispute Mediation Certificate
I. Module One: The Making of a Mediator
• The Artistry of Mediation
• Stages of Development
• Six Hallmarks of Artistic Practice
• Exploration of Skill Sets


II. Module Two: Legal and Ethical Issues of Arbitration
• Overview of Flow of Artistry
• Working Smart in a Service Profession
• Understanding Secondary Trauma


III. Module Three: Components of Self-Care
• Values Clarification
• You Are What You Think
• The Importance of Physical Health
• Community and Intimacy


IV. Module Four: Theoretical Organizations
• Theories, Approaches, and Models
• Humanistic Mediation
• Insight Mediation


V. Module Five: The Process of Formulation
• Mediation Formulation
• Mapping Your Constellation of Theories
• Narrative Mediation
• Evaluative Mediation


VI. Module Six: Advanced Techniques and Models I
• The ADR Specialist
• Techniques of Facilitation and Mediation
• Preventative ADR Systems


VII. Module Seven: Advanced Techniques and Models II
• Circular Questioning
• JOOTS
• Mindfulness


VIII. Module Eight: Interdisciplinary Collaboration, Ethics, and Standards of Practice
• Neurobiology
• Procedural Memory
• Ethical Dilemmas




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