Course Information Course Number/Section
PSY 4377.001 80843
Conflict Resolution John Q. Stilwell, J.D. Ph.D. Instructor
Term Days & Times Classroom Professor Contact Information Professor Office Phone Other Phone Email Addresses Office Location Office Hours Other Information
F11 Wed. 4PM – 6:45PM CR 1.212
John Q. Stilwell, J.D., Ph.D. 214 202 9642 (Cell) (Fax) 214 520 8157 [email protected]
; [email protected]
None assigned on campus By appointment at a mutually convenient time and place See Professor’s web site at www.PowersOfTen.org
Course Pre-requisites, Co-requisites, and/or Other Restrictions None Course Description Conflict Resolution in A Conflict-Ridden Society Course PSY4377.001 CRN 80843 John Q. Stilwell, J.D., Ph.D., Instructor Wed. 4PM – 6:45PM CR 1.212 Course Description 1. This course provides an overview of most methods of alternative dispute resolution through the study of case materials and participation by role plays in a group mock mediation project which will account for most of the final evaluation. The Instructor will provide by lecture and example most of the historical, theoretical and experiential material for student consumption. The group work will teach theory and skills primarily of mediation, one of the many methods that will be examined as means of peaceful conflict resolution. All Students will have reading assignments to be responsible for in connection with class discussions and case studies on conflict resolution from the community level to global confrontations. The dynamics of mediation in its various forms, and the analysis of roles played by parties, their advisors and neutrals, will be the subject of about two-thirds of the classes, with the balance devoted to studies of strategies adopted by groups competing for limited resources, demands of those seeking vindication and redemption of rights believed to be denied by government or other authorities, regional and global conflicts
including armed hostilities. A choice of Final Examination or a Term Paper will conclude evaluative work in the course. Successful completion of the Course includes certification by the Instructor that the recipient has qualified as a "neutral third party" for purposes of Texas Statute Civil Practice and Remedies Code 154.001 et seq. Upon completion of a recommended practicum by a Dispute Resolution Center such as Dallas Dispute Mediation Service, the successful student will be fully qualified to act as Mediator, either court appointed, or otherwise selected by parties to a dispute. 3. Undergraduate students choosing a Term Paper in lieu of Final Examination will be given the opportunity to choose from several topic areas in consultation with the Instructor. The paper will be not more than 15 pages, including notes and bibliography and will be in the nature of a research paper on the chosen topic. A Midterm exam will account for about 20% of evaluation; class (and group) work will account for about 55% and the final term paper or examination for about 25% of evaluation weight. This allocation of evaluative work may change depending upon several factors, chief among them the size of the class which will influence the amount of class participatory work available. Attendance is mandatory and will be monitored. Failure to attend and participate will result in deductions from the amount of points allocated to classwork and will influence the Instructor’s decision to qualify or not students who desire Mediator qualification. One absence only, for any reason, is permitted. All students seeking qualification by the Instructor as Mediators under Texas law will be required to keep records of the time spent outside class in preparation [readings, preparation for mock mediation and examinations] and to submit such records to the Instructor in the form provided by him for the purpose. Students will be furnished with the letter grades and grade point equivalents applicable to their final evaluation customary in BBS [An illustrative table is appended to this Syllabus]. Qualification for Mediator necessarily involves some subjective evaluation by the Instructor who is a lawyer with 48 years at the Bar of New York and 20 in Texas, and is an experienced professional in domestic and international dispute resolution. How this is accomplished will be discussed in detail as students prepare for mock mediations.
Student Learning Objectives/Outcomes
1. At the end of the Course, students will have greater insight into the sources of human conflict in all “communities of life” beginning with the “community of self” and extending outward to world-wide conflicts (including, but not limited to, armed hostilities). Role play in an ongoing dramatized mediation will enable those desiring it to be qualified under Texas rules for the requisite basic 40-hour training as mediator in court annexed civil actions. 2. A primary Goal of the course is to understand the range of conflict resolution techniques and facilities available to disputants and professionals in dispute resolution: Mediation, voluntary and judicially annexed; bench trials, jury trials, military tribunals, internationally constituted tribunals, neighborhood convocations and arbitration, either by a sole arbitrator or a panel of arbitrators independently selected or chosen by the parties to the dispute or a combination thereof. 3. To augment understanding of the foregoing, students will participate in various roles of those participating in disputes and their resolution and satisfy Texas requirements for Mediator training; students will also received instruction in the biology and neuroscience of aggression and emotional response to various levels and incidence of stress and trauma in order to facilitate their ability to evaluate the merits of various actors in disputes and their resolution. Required Textbooks and Materials Required Texts Three texts required for purchase are Christopher W. Moore, The Mediation Process (San Francisco, Jossey-Bass, a Wiley Imprint, 3rd Ed., 2003); Fisher, Ury and Patton, Getting to Yes: Negotiating Agreement Without Giving Up (Harvard Negotiating Project, Penguin Press, 1988); Roger Fisher and Scott Brown, Getting Together: Building Relationships as We Negotiate (Penguin Books, 1988, 1989);Recommended text: Nolan-Haley, Alternative Dispute Resolution in a Nutshell (West Publishing, 2008) Other materials and references for required reading and/or viewing will be provided in the Class Schedule Table, below. An extended version of this document provides students with an advance precis of the activities and associated readings of each class. Required Materials Other required materials are reading assignments posted and updated on the Class Table Schedule and in emails sent prior to each class.
Suggested Course Materials Suggested Readings/Texts See Class Table Schedule, below Suggested Materials See emails to students and Class Table Schedule, below.
Assignments & Academic Calendar
CONFLICT RESOLUTION - DISPUTE RESOLUTION IN A CONFLICT-RIDDEN SOCIETY CLASS SCHEDULE TABLE - CLASSROOM CR1.212 (Callier Building) SUBJECT TO REVISION – DETAILS AND CHANGES WILL BE EMAILED TO STUDENTS AND SHOWN IN RED ON THIS PAGE ON PROF. STILWELL’S WEBSITE at www.PowersOfTen.Org/ConflictResolution
Text Abbreviations: Moore=M; Fisher & Uhry= Yes; Fisher & Brown: Together; NolanHaley: ADR
Class Dates 2011 Topic Reading Assignment and Precis of Class Discussion . Please consult Professor Stilwell's Web Site at www.PowersOfTen.org M, Chs. 1-9; Yes, all; Together, all; M, view detailed TOC for reference M, Ch.2; Lecture Slides Video slides :U.S.Attackeds! Sapolsky Video; Lecture Slides;Group Assignments for Role Play Read Handout of Stilwell on Justice and Rhetoric; Read Mediation Chapter in M
Week 8/24-26 Class I Week 9/5-9 Class II Week 9/12-16 Class III Week 9/9/19-23 Class IV
Admin. Introduction and Overview of Conflict Origins and means of resolution Administrative matters Videos of Mock Mediation 9/11 Commemorated Introduction to Neurobiology of Aggression; Why Humans Fight; Rhetoric and Justice: Discuss these concepts as they apply to Negotiation and ADR; How Judicial System works with mediation Mediation:
Week 9/26 – 30 Class V
Week 10/3-7 Class VI
Mediation and Prep for Midterm [Midterm Take home; due Feb 19
Group 1 Role Play; evaluations of Mediator and Group [Beginning date may vary depending upon size of class] Lecture and Class Slides; Group 2 Role Play, evaluation of Mediator and group performance Group 3 Role Play, evaluation of Mediator and group performance. Lecture and Slides; Group 4 Role Play
Week 10/10-14 Class VII Week 10/17-21 Class VIII
[Midterm Exam Results and Discussion] Mediation
Mediation Practice; Role Play in complex cases Mediation/ Arbitration
Week 10/24-28 Class IX Week 10/31- 11/4 Class X
Lecture and Slides; Group 5 Role Play Lecture and Slides; Group 6 Role Play (varies with size of class0
Term Paper Proposals Due from those electing as alternative to
Week 11/7 - 11 Class XI Week 11/14 - 18 Class XII
Final Exam at end of Spring Break Mock Mediation Practice Claims and Counterclaims; Offers and Shuttle Diplomacy Joint Sessions and Caucuses; Methodology of process explained and demonstrated Arbitration and other forms of ADR; Slides IWS; handouts Int’l Negotiation (Richard Holbrooke video) [CONDUCT STUDENT COURSE EVALUATIONS] Finish Mock Mediation Class Participation in Event some have not concluded . Prepare for Final Exam . FINAL TERM PAPERS DUE;
Group 7 Role Play; Complex Business Disputes M, Chs. 9-16; Lecture, Slides; Members of various groups do ad hoc role play on caucus vs. joint session Video: Saving Last Dance: Harvard PON Project;
Week 11/21 – 23 (T’giving Break) Class XIII Week 11/28-30 Class XIV May be Last Class 12/5-6 Class XV(Last Class, if on Mondays or Tuesdays
Handouts ; Lecture, Slides Video “Negotiation” (PON) Students choosing to submit term paper come prepared to discuss their topics and conclusions with classmates.
Take Home Final Exam
Final Exam Released by email; Submission Due 12/14
Midterm Exam 20% Classwork including attendance and evaluations of Mediators and Group Role Play 55% Final Exam or Paper 25%. All graded work in the course is “open book,” and a general “honor system” will apply. Students may take an exam and submit responses on line by a date TBA in class and on the published Class Schedule Table on the Instructor’s web site. Two hours and forty-five minutes will be allowed for each exam. At any time prior to the deadline for submission, students may take the exam and submit responses provided (1) the entire exam is taken at one time, not exceeding the total time limit; (2) the materials used are only those related to the course (including library and online resources); and (3) the test is taken without the presence of or consultation with any other person. By submitting the test for grading, the student represents and warrants to the Instructor that these three requirements have been complied with. Discovery of failure to comply with the three requirements will result in a grade of F. Scoring of work product and assignment of grades will be in accordance with the following scheme, which may also be found on the Instructor’s web site. UNDERGRADUATE GRADE SCALE 98 – 100 A+ 92 – 98 A 88 – 92 A84 – 88 B+ 80 – 94 B 76 – 80 B72 -76 C+ 68 – 72 C 64 – 68 C60 – 64 D+ 4.0 (4.33 for LSAC Scale) 4.0 3.75 3.5 3.25 3.0 2.75 2.50 2.25 2.0
60 60< 0 – 60
2.0 1.0 0
Course Policies Make-up exams Given the flexibility provided for examination submission, subject to the rules outlined above, none should be required. Individual problems will be addressed on a case-by-case basis. Extra Credit None anticipated; if volunteered by student, additional grade credit may be negotiated. Late Work Same expectation and criteria as provided under Make-up exams above Special Assignments None anticipated Class Attendance Attendance is required, one absence permitted for any reason. Additional absences may result in a final grade penalty of up to 10% of total grade. Classroom Citizenship The nature of the “Doctor and Student” relationship is professional. Students are expected to maintain decorum and to address the Instructor as Professor, Doctor or Mister Stilwell, as they choose. The Instructor makes it a practice to address students by Mrs., Ms., or Mr., followed by last name, as appropriate. Students should appear on time, neat and clean, cellphones/PDA’s off or silenced, laptop use for note taking only or website use as directed by Instructor. “Surfing”, emailing, texting, instant messaging and the like, gaming or videoing, or any other computer, notebook or electronic device activity is forbidden without prior permission from the Instructor. Violation of this policy will result in the student being charged with an absence. Field Trip Policies / Off-Campus Instruction and Course Activities No field trips will be required. From time to time professional visitors may be invited to meet class and engage the class in colloquies concerning various aspects of dispute resolution.
Student Conduct & Discipline
The University of Texas System and The University of Texas at Dallas have rules and regulations for the orderly and efficient conduct of their business. It is the responsibility of each student and each student organization to be knowledgeable about the rules and regulations which govern student conduct and activities. General information on student conduct and discipline is contained in the UTD publication, A to Z Guide, which is provided to all registered students each academic year. The University of Texas at Dallas administers student discipline within the procedures of recognized and established due process. Procedures are defined and described in the Rules and Regulations, Series 50000, Board of Regents, The University of Texas System, and in Title V, Rules on Student Services and Activities of the university’s Handbook of Operating Procedures. Copies of these rules and regulations are available to students in the Office of the Dean of Students, where staff members are available to assist students in interpreting the rules and regulations (SU 1.602, 972/883-6391). A student at the university neither loses the rights nor escapes the responsibilities of citizenship. He or she is expected to obey federal, state, and local laws as well as the Regents’ Rules, university regulations, and administrative rules. Students are subject to discipline for violating the
standards of conduct whether such conduct takes place on or off campus, or whether civil or criminal penalties are also imposed for such conduct.
The faculty expects from its students a high level of responsibility and academic honesty. Because the value of an academic degree depends upon the absolute integrity of the work done by the student for that degree, it is imperative that a student demonstrate a high standard of individual honor in his or her scholastic work. Scholastic dishonesty includes, but is not limited to, statements, acts or omissions related to applications for enrollment or the award of a degree, and/or the submission as one’s own work or material that is not one’s own. As a general rule, scholastic dishonesty involves one of the following acts: cheating, plagiarism, collusion and/or falsifying academic records. Students suspected of academic dishonesty are subject to disciplinary proceedings. Plagiarism, especially from the web, from portions of papers for other classes, and from any other source is unacceptable and will be dealt with under the university’s policy on plagiarism (see general catalog for details). This course will use the resources of turnitin.com, which searches the web for possible plagiarism and is over 90% effective.
The University of Texas at Dallas recognizes the value and efficiency of communication between faculty/staff and students through electronic mail. At the same time, email raises some issues concerning security and the identity of each individual in an email exchange. The university encourages all official student email correspondence be sent only to a student’s U.T. Dallas email address and that faculty and staff consider email from students official only if it originates from a UTD student account. This allows the university to maintain a high degree of confidence in the identity of all individual corresponding and the security of the transmitted information. UTD furnishes each student with a free email account that is to be used in all communication with university personnel. The Department of Information Resources at U.T. Dallas provides a method for students to have their U.T. Dallas mail forwarded to other accounts.
Withdrawal from Class
The administration of this institution has set deadlines for withdrawal of any college-level courses. These dates and times are published in that semester's course catalog. Administration procedures must be followed. It is the student's responsibility to handle withdrawal requirements from any class. In other words, I cannot drop or withdraw any student. You must do the proper paperwork to ensure that you will not receive a final grade of "F" in a course if you choose not to attend the class once you are enrolled.
Student Grievance Procedures
Procedures for student grievances are found in Title V, Rules on Student Services and Activities, of the university’s Handbook of Operating Procedures. In attempting to resolve any student grievance regarding grades, evaluations, or other fulfillments of academic responsibility, it is the obligation of the student first to make a serious effort to resolve the matter with the instructor, supervisor, administrator, or committee with whom the grievance originates (hereafter called “the respondent”). Individual faculty members retain primary responsibility for assigning grades and evaluations. If the matter cannot be resolved at that level, the grievance must be submitted in writing to the respondent with a copy of the respondent’s School Dean. If the matter is not resolved by the written response provided by the
respondent, the student may submit a written appeal to the School Dean. If the grievance is not resolved by the School Dean’s decision, the student may make a written appeal to the Dean of Graduate or Undergraduate Education, and the deal will appoint and convene an Academic Appeals Panel. The decision of the Academic Appeals Panel is final. The results of the academic appeals process will be distributed to all involved parties. Copies of these rules and regulations are available to students in the Office of the Dean of Students, where staff members are available to assist students in interpreting the rules and regulations.
Incomplete Grade Policy
As per university policy, incomplete grades will be granted only for work unavoidably missed at the semester’s end and only if 70% of the course work has been completed. An incomplete grade must be resolved within eight (8) weeks from the first day of the subsequent long semester. If the required work to complete the course and to remove the incomplete grade is not submitted by the specified deadline, the incomplete grade is changed automatically to a grade of F.
The goal of Disability Services is to provide students with disabilities educational opportunities equal to those of their non-disabled peers. Disability Services is located in room 1.610 in the Student Union. Office hours are Monday and Thursday, 8:30 a.m. to 6:30 p.m.; Tuesday and Wednesday, 8:30 a.m. to 7:30 p.m.; and Friday, 8:30 a.m. to 5:30 p.m. The contact information for the Office of Disability Services is: The University of Texas at Dallas, SU 22 PO Box 830688 Richardson, Texas 75083-0688 (972) 883-2098 (voice or TTY) Essentially, the law requires that colleges and universities make those reasonable adjustments necessary to eliminate discrimination on the basis of disability. For example, it may be necessary to remove classroom prohibitions against tape recorders or animals (in the case of dog guides) for students who are blind. Occasionally an assignment requirement may be substituted (for example, a research paper versus an oral presentation for a student who is hearing impaired). Classes enrolled students with mobility impairments may have to be rescheduled in accessible facilities. The college or university may need to provide special services such as registration, note-taking, or mobility assistance. It is the student’s responsibility to notify his or her professors of the need for such an accommodation. Disability Services provides students with letters to present to faculty members to verify that the student has a disability and needs accommodations. Individuals requiring special accommodation should contact the professor after class or during office hours.
Religious Holy Days
The University of Texas at Dallas will excuse a student from class or other required activities for the travel to and observance of a religious holy day for a religion whose places of worship are exempt from property tax under Section 11.20, Tax Code, Texas Code Annotated. The student is encouraged to notify the instructor or activity sponsor as soon as possible regarding the absence, preferably in advance of the assignment. The student, so excused, will be allowed to take the exam or complete the assignment within a reasonable time after the absence: a period equal to the length of the absence, up to a maximum of one week. A student who notifies the
instructor and completes any missed exam or assignment may not be penalized for the absence. A student who fails to complete the exam or assignment within the prescribed period may receive a failing grade for that exam or assignment. If a student or an instructor disagrees about the nature of the absence [i.e., for the purpose of observing a religious holy day] or if there is similar disagreement about whether the student has been given a reasonable time to complete any missed assignments or examinations, either the student or the instructor may request a ruling from the chief executive officer of the institution, or his or her designee. The chief executive officer or designee must take into account the legislative intent of TEC 51.911(b), and the student and instructor will abide by the decision of the chief executive officer or designee.
Off-Campus Instruction and Course Activities
Off-campus, out-of-state, and foreign instruction and activities are subject to state law and University policies and procedures regarding travel and risk-related activities. Information regarding these rules and regulations may be found at the website address given below. Additional information is available from the office of the school dean. (http://www.utdallas.edu/BusinessAffairs/Travel_Risk_Activities.htm)