Canada and the U.S. have similar laws for regulating both the unionized and nonunion workplaces. They also have similar methods for resolving most workplace disputes. This course examines the theory and practice of dispute resolution in unionized and nonunion workplaces in both countries. The course will introduce students to a variety of workplace dispute resolution practices and processes, including informal negotiations over routine disputes, bargaining over the terms of an employment contract, bargaining for a collective labor agreement, mediation in both union and nonunion settings, and arbitration. The course will include simulated exercises to provide students with hands-on experience in using workplace dispute resolution techniques. The course will require active participation and attendance.

Though the exercises used in this course will focus on workplace issues, the negotiating skills that students will practice in this course are transferrable to other settings such as business negotiations.

At the end of this course, students should be able to: 

1. understand the various ADR methods used to resolve workplace disputes in the U.S. and Canada; 
2. demonstrate oral communication skills of a lawyer in negotiation and mediation; 
3. use active-listening skills when participating in dispute resolution processes; 
4. recognize ethical dilemmas commonly arising in ADR; 
5. understand the core principles and processes of negotiation, mediation, and arbitration; 
6. appreciate variations in dispute-resolution expectations and practices across different cultures; and 
7. both participate in and run an online negotiation, mediation, and arbitration hearing, using both the VooV and Zoom platforms.

Students are expected to attend all class sessions and are encouraged to participate actively.

ONU is dedicated to providing an equitable educational experience for all enrolled students. Universal course policies applicable to all courses can be found at the following link: https://my.onu.edu/registrars_office/policies. This website includes:  

• Academic Dishonest Policy
• Academic Accommodations Policy
• Health and Safety Policy
• Title IX Policy
• Diversity, Equity, and Inclusion Statement

Grades

• 80% of a student’s grade will be based on participation in class discussions and the simulation problems. Grades will focus on preparation and active participation rather than outcome. In other words, I am most interested in seeing that you actively participate in the simulation problems and that you are practicing new dispute-resolution techniques. I am less interested in your getting the best possible outcome for you or your client. 
• 20% of a student’s grade will be based on a short (3 pages or less, double spaced) essay on this topic: Compare and contrast one or more of the ADR methods we used in class to ADR methods used in China. Do cultural differences impact the way parties or lawyers approach dispute resolution? What should American/Canadian lawyers learn from the Chinese experience?

Reading assignments will be distributed to students in the form of PDFs or online links. PowerPoint slides will be distributed after each class.

Email or text me any time you would like to set up a time to talk or videoconference.

This schedule may need to be adjusted, as class exercises may take more or less time than expected.

For many of the class exercises, students will receive group assignments and a problem set (often with both general and confidential facts) approximately 24 hours before the exercise. Students are expected to read the problem set and, when so instructed, confer with their group members to discuss strategy.

The main meeting room for the course will be on VooV, meeting # 426 9974 4502. We will begin each class in the main VooV room. When we do the small-group exercises, we will move into a Zoom meeting. The Zoom link is https://onu.zoom.us/j/93598977296?pwd=UklWQ0ZjVzBJaWFqbTBvd1BuUUtCdz09, meeting ID 935 9897 7296. When the exercise is complete, we will then re-convene in the main VooV meeting room to discuss the exercise as a large group. Thus, each class will both begin and end in the main VooV meeting room.

• 17 July: 
       o    Lecture: Labor/employment law in the U.S. & Canada; overview of ADR processes. 
• 18 July:   
       o    Class preparation:   
  Read “How to Negotiate – Virtually” in Harvard Business Review.  
  Read “Getting to Si, Ja, Oui, Hai, and Da” in Harvard Business Review.  
       o    In class: watch and discuss excerpts from 2022 ABA Negotiation Competition Final Round (beginning through 55:15).  
       o    Discuss effective negotiation techniques. 
• 19 July: Negotiate an employment contract; negotiate a sports player contract. 
• 20 July: Negotiate a consulting agreement; negotiate a tech partnership agreement. 
• 21 July: Negotiate an employee exit interview; negotiate a collective labor agreement. 
• 22 July: Mediation  
       o    Watch and discuss excerpts from Mediating an International Dispute (1:17).  
       o    Mediate a complex discharge case. 
• 23 July: Negotiate and interest-arbitrate a complex labor agreement (firefighters). 
• 24 July: Arbitration  
       o    Watch and discuss “Labor Arbitration – The Suspension of Nurse Kevin”, and Baseball arbitration.