Desautels Faculty of Management
“Resolution of International Commercial Disputes”
“Negotiation, Mediation and Arbitration”
Lecturer: Hodjat Khadjavi B.C.L., LL.M.
Tel: (514) 924-2002
Classes:Tuesdays and Thursdays 1:05 – 2:25 PM
Bronfman Building, Room 046
Office Hours:Right after class in room 501 or by an appointment preferably through email.
Secretary:Ms. Linda Foster
Office: Bronfman 104
Tel: (514) 398-3876 or (514) 398-4000 ext. 0252
In recent years, Alternative Dispute Resolution (ADR) mechanisms namely negotiation, mediation and arbitration have created a new problem-solving culture in the world of business and legal practice. This course will address the fundamentals and development of ADR mechanisms both in theory and practice. It will demonstrate how disputing parties are able to settle disputes outside the courtroom effectively and efficiently using these alternatives to litigation.
This course will be taught through a combination of lectures as well as simulations and demonstrations, in order to make ADR more interesting and more understandable to business students. The topic of negotiation discussed in this course is different from deal-making negotiation that leads to the conclusion of contracts and transactions. Negotiation discussed in this course concerns the settlement of disputes, which might endanger a transactional relationship that already exist; in other words, this kind of negotiation is used to keep the contract in dispute alive.
It is very important for business students to have a general knowledge about alternative methods of dispute settlement. Upon the completion of this course, it is expected that the students will have a clear understanding and a practical knowledge of the principles, processes and the institutions of ADR mechanisms in an international commercial context. They also should be able to evaluate the benefits and limitations of each one of these methods as well as having the ability to apply the principles to different problem-solving scenarios.
Course Materials (Required):
1. Fisher R., Ury W., Patton B., Getting to Yes: Negotiating Agreement without Giving in (Third Edition: New York, Penguin, 2011). This text will only cover the first segment of the course on Negotiation as a method of dispute settlement. The texts on Mediation and Arbitration will be posted on WebCT. Getting to Yes textbook can be purchased from Paragraphe Bookstore on 2220 McGill College St. (Tel: 514-845-5811). The Paragraphe bookstore is offering 30% discount for the students of this course.
2. WebCT materials
Recommended Materials (Not required):
A list of complementary materials will be posted on WebCT as additional readings. The following books are also useful for more in-depth studies:
McIlwrath, M., International Arbitration and Mediation: A Practical Guide (Austin: Wolters Kluwer, 2010).
Ashford, P., Handbook on International Commercial Arbitration (New York: JurisNet, 2009)
Chern, C., International Commercial Mediation (London: Informa Law, 2008)
Carroll E., Mackie K., International Mediation – The Art of Business Diplomacy (The Netherlands: Kluwer Law International, 2006)
Evaluation is based on the following components:
a) Mid-Term exam (20%)
b) Term paper (20%)
c) Class presentation (10%)
d) Class participation (10%)
e) Final Exam (40%)
* The Midterm exam will be held on MONDAY OCTOBER 1, 2012. * The Term papers are due on the same day of class presentation of each team. * Term papers and class presentations will be in a form of team-work. The students will be divided in groups of FOUR persons. Each team will choose a topic from the list of topics provided on WebCT. The general guideline for the format and contents...