300029 Dispute Resolution Theory and Practice (S) (WiSe 2016/2017)

There are disagreements between countries, social groups, neighbors, family members, and others. The nature of disputes, the appropriate response to disputing situations, and the remedies considered proper are inevitably informed by fundamental social values and even cultural identity. This course is a general overview of the dispute resolution process. In theory, students will be able to analyze a dispute resolution process as a social phenomenon: having an enhanced broad understanding of the theory, policy and practice of dispute resolution, understanding various dispute resolution processes, their advantages and limitations; understanding the application of dispute resolution methods in particular areas of practice; understanding key theoretical debates in the dispute resolution studies; being able to advise others about ADR processes; being able to understand how to participate in ADR processes; being better able to evaluate the possible applications of various dispute resolution methods. The students should also be able to identify the different values in the dispute resolution process and understand the compensation and conflicts of formal dispute resolution process and alternative dispute resolution process.

In practice, (1) as a neutral third, students know how to frame, communicate and decide on a case, and how to effectively solve a dispute or to prevent the escalation; (2) as a disputant, how to negotiate with the other party, and choosing the most suitable way for dispute resolu-tion.

This class is taught in English. Students are encouraged to develop their oral and academic writing skills by participating in class discussion, doing presentation, and writing reaction pa-pers in English. This is important for the international academic training.

2 hours per week x 15 weeks

Week 1: Introduction
Week 2: Dispute and Dispute Process: Dispute Resolution Continuum and History of Alternative Dispute Resolution (ADR)
Week 3 Dispute Resolution in Different Countries
Week 4: Different Dispute Resolution Processes
Week 5: Dispute Resolution Methods I: Negotiation and Mediation
Week 6: Dispute Resolution Methods II: Mediation 2
Week 7: Dispute Resolution methods III: Arbitration
Week 8: Dispute Resolution methods IV: Litigation
Week 9: ADR in Germany (Guest Lecturer)
Week 10: Choosing a Suitable Dispute Resolution Process
Week 11: Assignment Discussion
Week 12: Critiques of ADR I
Week 13: Critiques of ADR II
Week 14: The Role of the Third and Procedural Justice
Week 15: Conclusion