Students are introduced to an analysis of the dispute resolution continuum and will be required to identify where and how, through the different processes, dispute resolution is achieved. Students will gain an appreciation of the historical development and current application of various dispute resolution processes, including litigation, arbitration, negotiation, and mediation. The process of litigation as applicable to the adversarial system of justice will be examined. The seminar focuses on an understanding of the strengths and weaknesses of different approaches to dispute resolution as well as the appropriateness of when to use them. Students will also gain a practical understanding of the theoretical aspects of certain processes available for resolving disputes within the legal system as a applicable to the Province of Ontario, including litigation and methods of alternative dispute resolution including negotiation and mediation. The seminar will provide an opportunity to develop and practice some of the techniques of dispute resolution under the supervision of members of academic staff. Teaching methods include: lectures/seminars (Socratic and otherwise), facilitated class discussions, interactive small seminar and larger group exercises.
Method of Evaluation: 1) Class participation (20%); 2) Group Presentation/Report (20%) and; 3) Research paper (60%). The research paper will satisfy the Upper Year Research and Writing Requirement.