Description:

This course examines the various methods used by our legal system for dispute resolution and the role of the legal assistant in those methods. Upon successful completion of this course, the students should be able to explore the nature of conflict and the principles of negotiation and review the traditional litigation system. The course will concentrate on the major alternatives to litigation, including mediation and arbitration. 3 hrs. lecture/wk.

Supplies: Refer to the instructor's course syllabus for details about any supplies that may be required.

Textbook(s): For information see - http://bookstore.jccc.net

Course Fees: NONE

Course Objectives:

Upon successful completion of this course the student should be able to:

1. Define the nature of conflict and its elements.
2. Discuss historical methods of conflict resolution.
3. Explain the litigation process and the role played by the legal assistant.
4. Identify the elements of negotiation.
5. Differentiate between negotiating styles.
6. Explain the use of settlement agreements in litigation and the role of the legal assistant in the preparation of such agreements.
7. Define the nature of ADR.
8. Explain the strengths and weaknesses of ADR.
9. Identify the differences between ADR and litigation.
10. Explain the differences between the major alternative dispute resolution systems.
11. Explain the uses of ADR in court-related programs.
12. Explain the uses of ADR in private programs.
13. Explain the role of the legal assistant in the major ADR systems.
14. Demonstrate basic drafting skills with respect to the preparation of agreements and other documents commonly used in various ADR systems.

Content Outline & Competencies:

I. Discuss the Nature of Alternative Dispute Resolution.
   A. Explain the historical background of dispute resolution
   B. Discuss the development of alternatives to litigation
   C. Evaluate the strengths and weaknesses of ADR
   D. Identify the legal assistant’s role in ADR

II. Analyze the Difference Between Litigation and ADR
   A. Summarize the litigation process
   B. Identify the role of paralegal in the litigation process
   C. Explain the litigation process on participants

III. Explain Negotiation, Compromise and Settlement 
   A. Define nature of classical negotiation
   B. Explain uses of negotiation
   C. Identify styles of bargaining/negotiation
   D. Distinguish stages of negotiation
   E. Explain ethical issues in negotiation
   F. Identify settlement agreements in the legal system

IV. Describe Mediation
   A. Explain the philosophy of mediation
   B. Identify qualifications and skills of mediators
   C. Summarize the legal and ethical issues
   D. Discuss the mediation process
   E. Analyze the enforcibility of mediation agreements

V. Describe Arbitration
   A. Explain the philosophy of arbitration
   B. Identify qualifications and skills of arbitration
   C. Summarize the legal and ethical issues
   D. Discuss the arbitration process
   E. Analyze the enforcibility of arbitration awards

VI. Describe the Summary Jury Trials, Mini-trials, and Other Alternatives
   A. Explain the philosophy of summary jury trials and other
alternatives
   B. Identify qualifications and skills of participants in summary jury
trials and other alternatives
   C. Summarize the legal ethical issues
   D. Discuss the summary jury trials, mini-trials

Methods of Evaluation of Competencies:

Evaluation of student mastery of course competencies will be accomplished using the following methods:

Examination - 3 tests, 50 points each = 60% of grade
Projects - 2 projects, 30 points each = 40% of grade
                                       100%
   Grading Criteria:
   90 - 100  =  A
   80 -  89  =  B
   70 -  79  =  C
   60 -  69  =  D
   Below 60  =  F

Caveats: NONE

Disabilities:

If you are a student with a disability, and if you will be requesting accommodations, it is your responsibility to contact Access Services. Access Services will recommend any appropriate accommodations to your professor and his/her director. The professor and director will identify for you which accommodations will be arranged.

JCCC provides a range of services to allow persons with disabilities to participate in educational programs and activities. If you desire support services, contact the office of Access Services for Students With Disabilities (913) 469-8500, ext. 3521 or TDD (913) 469-3885. The Access Services office is located in the Success Center on the second floor of the Student Center.