Course Syllabus CONFLICT RESOLUTION
Course Information Course Number/Section Course Title Term Days & Times PSY 4473 & CRN 11913 Basic Conflict Resolution Fall 2010 Wed. 4:00 pm – 6:45 pm
Professor Contact Information Professor John Q. Stilwell, J.D., Ph.D. Office Phone cell Other Phone 214-202-9642 (cell) Email Address [email protected]
; [email protected]
Office Location None assigned on Campus Office Hours By appointment mutually convenient time and place Other Information See Professor‟s web site at www.powersoften.org Course Pre-requisites, Co-requisites, and/or Other Restrictions None Course Description
1. This course provides an overview of most methods of alternative dispute resolution through the study of case materials and participation in a group mock mediation project which will account for most of the final evaluation. a. Lecture Content: The Instructor will provide by lecture and example most of the historical, theoretical and experiential material for student consumption. b. Group Work: 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. c. Reading Assignments: 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. d. Additional Information: 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. EXAMS: The Instructor will provide guidance for those students choosing to submit a term paper in lieu of a final examination for purposes evaluation. a. Topics: Undergraduate students will be given the opportunity to choose from several topic areas to concentrate their non-practicum work in the course and to prepare a term paper for final evaluation in the course, in lieu of a final examination. b. Term Paper Format: 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. c. GRADING: A Midterm exam will account for about 25% of evaluation, class (and group) work will account for about 50% 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: Attendance is mandatory and will be monitored. a. 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. b. 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. c. 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 46 years at the Bar of New York and 18 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.
Required Textbooks and Materials
Texts required for purchase are: 1. Jacqueline M. Nolan-Haley, Alternative Dispute Resolution, (West Publishing 3rd, ed.); 2. Christopher W. Moore, The Mediation Process (San Francisco, Jossey-Bass, a Wiley Imprint, 3rd Ed., 2003); 3. Fisher, Ury and Patton, Getting to Yes: Negotiating Agreement Without Giving Up (Harvard Negotiating Project, Penguin Press, 1988); 4. Roger Fisher and Scott Brown, Getting Together: Building Relationships as We Negotiate (Penguin Books, 1988, 1989) 5. Other materials and; references for required reading and/or viewing will be provided in the Class Schedule Table, above. An extended version of this document provides students with an advance précis of the activities and associated readings of each class.
Suggested Course Materials 1. Course Website: www.powersoften.org 2. Recommended additional Textbook: Fisher and Shapiro, Beyond Reason: Using Your Emotions as You
Negotiate (Penguin Books, pb 2005); Available on Amazon from several resellers at very low prices.
Assignments & Academic Calendar Topics, Reading Assignments, Due Dates, Exam Dates
Class Dates Fall 2010 Class Topic Details Reading/Homework Assignment and Precis of Class Discussion. Please consult Professor Stilwell's Web Site at www.PowersOfTen.org Read Supplemental Lecture – Class I, posted on web site. READING/Homework ASSIGNMENT : READ ALL OF GETTING TO YES; YOU SHOULD BE ABLE TO COMPLETE THE BOOK IN A WEEK (about 20 pages a day), but you will be using it and selected parts of the companion text GETTING TOGETHER, throughout the Course. Begin Reading your primary reference text on Mediation, The Mediation Process. Chapters 1, pp 120;and 2.
Aug. 25 Class I Course Overview and Introduction to Paradigm Cases
Introductory Lecture. Why we fight: neurobiology at work; brain science developments; intro to judicial system
Sep. 1 Class II Mediation and contrast with litigation and Collaborative methods of dispute resolution Sept 8 Class III 9/11 Commemorated Sept. 15 Class IV
Overview of Mediation Process using Competing Physician Case (Primary Text, Ch. 1 and Dance Company Case (video and transcript. Group Assignments for classwork (role play and critiques) Background and origins of Alternative Dispute Resolution Major Categories of ADR methods Rhetoric and Justice Questions on Jury Function
READING/Homework ASSIGNMENT: Chapter 1 in Primary Text (Moore) Video Transcript from Saving the last dance case (on website)
READING/Homework ASSIGNMENT: Continue reading Main text, Getting to Yes and Getting Together. READING/Homework ASSIGNMENT: Continue reading Main text, Getting to Yes and Getting Together. READING/Homework ASSIGNMENT: Continue reading Main text, Getting to Yes and Getting Together. READING/Homework ASSIGNMENT: Continue reading Main text, Getting to Yes and Getting Together. Read Alternative Dispute Resolution Handbook. READING/Homework ASSIGNMENT: Continue reading Main text, Getting to Yes and Getting Together. Carefully read Chapter 8 in the main text (mediation process). Understand function of Opening Statement.
Sept. 22 Class V
Negotiation Process Adversarial Model Legal Outcomes Lawyers and Non-Professionals
Sept. 29 Class VI
Group 1 Role Play*
Mediation Process Other Types of ADR (Alternative Dispute Resolution)
Oct. 6 Class VII
Group 2 Role Play*
Preparation for Midterm Mid-Term Exam due @ midnight Sunday, Oct. 10th. Grades will be available online on Friday, Oct. 15th.
Oct. 13 Class VIII
Group 3 Role Play*
Methodology of Negotiation
READING/Homework ASSIGNMENT: Be sure you have read p. 211 through p. 367 in Mediation Process READING/Homework ASSIGNMENT:
Oct. 20 Class IX
Group 4 Role Play*
Claims and Counterclaims; Offers and Shuttle Diplomacy Joint Sessions and Caucuses; Methodology of process
Oct. 27 Class X
Group 5 Role Play*
Claims and Counterclaims; Offers of Shuttle Diplomacy Joint Sessions and Caucuses; Methodology of process
READING/Homework ASSIGNMENT: Term Paper Proposals and Outlines Due from those electing alternate to Final Exam.
Nov. 3 Class XI
Group 6 Role Play*
Generating Options and Solutions
READING/Homework ASSIGNMENT: Handouts of Readings from „Preventing Deadly Conflict, the Final Report of Carnegie Endowment”. READING/Homework ASSIGNMENT:
Nov. 10 Class XII Veterans Day Commemorated
Group 7 Role Play*
Reaching and Implementing Settlements Formal Types of Dispute Resolution when Mediation Fails
Nov. 17 Class XIII
READING/Homework ASSIGNMENT: Deadline for Draft Term Paper
Nov. 24 Class XIV Dec. 1 Class XV Final Class Conduct Student Evaluations Preparation for Final Exam Final Exam Distributed with Instructions Term Paper topic discussions (including conclusions) Dec. 15 Last day for submission of Final Exams and Term Papers. Grades Posted
READING/Homework ASSIGNMENT: Continue reading Alternative Dispute Resolution Handbook. Review Saving the Last Dance Transcript to prepare for Final Examination
* Each group will limit their turn at role play to 90 minutes of class time.
Midterm Exam 25% Classwork including attendance 50% 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+ 60 D 60< D0 – 60 F 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 2.0 1.0 0
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.
If you experience any problems with your UTD account you may send an email to: [email protected]
or call the UTD Computer Helpdesk at 972-883-2911.
Field Trip Policies / 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 http://www.utdallas.edu/BusinessAffairs/Travel_Risk_Activities.htm. Additional
information is available from the office of the school dean. Below is a description of any travel and/or risk-related activity associated with this course.
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 printed 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) and online at http://www.utdallas.edu/judicialaffairs/UTDJudicialAffairs-HOPV.html 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, any student who commits an act of scholastic dishonesty is subject to discipline. Scholastic dishonesty includes but is not limited to cheating, plagiarism, collusion, the submission for credit of any work or materials that are attributable in whole or in part to another person, taking an examination for another person, any act designed to give unfair advantage to a student or the attempt to commit such acts. 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 copyright law of the United States (Title 17, United States Code) governs the making of photocopies or other reproductions of copyrighted materials, including music and software. Copying, displaying, reproducing, or distributing copyrighted works may infringe the copyright owner‟s rights and such infringement is subject to appropriate disciplinary action as well as criminal penalties provided by federal law. Usage of such material is only appropriate when that usage constitutes “fair use” under the Copyright Act. As a UT Dallas student, you are required to follow the institution‟s copyright policy (Policy Memorandum 84-I.3-46). For more information about the fair use exemption, see http://www.utsystem.edu/ogc/intellectualproperty/copypol2.htm
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) [email protected]
If you anticipate issues related to the format or requirements of this course, please meet with the Coordinator of Disability Services. The Coordinator is available to discuss ways to ensure your full participation in the course. If you determine that formal, disability-related accommodations are necessary, it is very important that you be registered with Disability Services to notify them of your eligibility for reasonable accommodations. Disability Services can then plan how best to coordinate your accommodations.
Course Syllabus Page 7
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.
These descriptions and timelines are subject to change at the discretion of the Professor.