Uganda Christian University School of Law Alternative Dispute Resolution Course

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1 Uganda Christian University School of Law Alternative Dispute Resolution Course

1.1 Uganda Christian University Bachelor of Laws Courses For Year 1

1.2 Uganda Christian University Bachelor of Laws Courses For Year 2

1.3 Uganda Christian University Bachelor of Laws Courses For Year 3

1.4 Uganda Christian University Bachelor of Laws Courses For Year 4

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Uganda Christian University School of Law Alternative Dispute Resolution Course

Uganda Christian University

Faculty of Law

Programme: Bachelor of Laws

Course Description

This course is designed to introduce students to the Binding and Non-Binding alternative dispute resolution methods of arbitration and Mediation, Negotiation and Collaborative law respectively from both a legal and functional perspective. The course will be divided in two components, Part 1 will cover Non-binding methods of dispute resolution and Part 2 will cover arbitration law. By exploring the methods of dispute resolutions, students will come to better identify and understand conflict resolution techniques apart from traditional litigation and be able to consider what resolution method is appropriate for a particular setting. Mediation and arbitration are increasingly being recommended and ordered by the courts in the public sphere, and it has been used in land, commercial disputes and in political or diplomatic disputes. You will learn about the theory of arbitration and the many faces of arbitration (e.g. International Commercial Arbitration), negotiation, mediation and collaborative law and you will learn the constituent skills that are used in these processes. This course includes lectures and experiential components. The lecture portion will be graded with a final exam. The experiential component will be assessed through journal entries that students write about experiential activities. Students will also engage with the course material through role-playing exercises, guest speakers, site visits and film

The hope is that at the end of the course students will understand the theoretical and practical aspects of Binding and Non-binding dispute resolution methods and feel comfortable participating in proceedings.

Course Objectives

At the end of this course, students will:

Be introduced to the different types of Alternative Dispute Resolution including arbitration, negotiation, mediation, collaborative law and reconciliation
Understand the legal framework in Uganda concerning Alternative Dispute Resolution.
Understand the theory and nature of Arbitration (International Commercial Arbitration)
Develop a negotiation style grounded in principled negotiation techniques.
Be able to interview clients in preparation for negotiations
Become familiar with various approaches and styles of negotiating.
Engage meaningfully with the theology and process of Christian conciliation
Learn about the tradition, use and application of alternative dispute resolution techniques within the African context.
Develop an appreciation of the use and importance of alternative dispute resolution within Uganda.
Required Readings

ROGER FISHER AND WILLIAM URY, GETTING TO YES, NEGOTIATING AGREEMENT WITHOUT GIVING IN, PENGUIN BOOKS, USA, 1981 (MULTIPLE COPIES OF THIS BOOK ARE AVAILABLE BEHIND THE LAW DESK IN THE MAIN LIBRARY.

ROBERT H. MNOOKIN, SCOTT R. PEPPET, & ANDREW S. TULUMELLO, BEYOND WINNING (THE BELKNAP PRESS OF HARVARD UNIVERSITY PRESS, 2000)

THE BIBLE (SELECTED READINGS)

FOLBERG, GOLANN, STIPANOWICH & KLOPPENBERG, ARBITRATION Selected pages from RESOLVING DISPUTES, Theory, Practice, and law. 2^nd edition

(I will donate one copy of this book to the Law Library)

TIBOR VARADY, JOHN J. BARCELO III & ARTHUR T. VON MEHREN, INTERNATIONAL COMMERCIAL ARBITRATION: A TRANSNATIONAL PERSPECTIVE (5TH ED. 2012).

Attendances, Punctuality, and Class Preparation

In the majority of classes you will be paired to negotiate or mediate with another student or students. Therefore, your timely attendance and participation are crucial to this course. If you are absent, your absence will preclude not only your participation that day, but also that of your partner(s). The same applies to preparation. If you come to class unprepared, not only will you lose out, but also your partner(s) will lose out for that day. If you do not expect to be able to attend every class, you should not take this course. Attendance is required, and any absence is presumptively unexcused.

Because the success of the paired negotiations and mediations relies upon the preparation, attendance, and participation of each individual, I will take attendance, lack of punctuality and lack of preparation into account in calculating class grades. I also reserve the right to impose other sanctions permitted by the law faculty rules. Remember, learning to be a better negotiator, mediator and collaborative attorney is a skill to be developed. What you learn in this course in large part depends on your efforts.

Negotiation and Mediation Exercises

Much of this class will revolve around in-class role-play exercises. If we are going to do a role-play exercise the following week, you will receive the instructions for your role at the end of class during the week prior. An essential part of any negotiation or mediation or collaborative law process is preparation. Make sure to read the materials and prepare your strategy before class. The more you prepare the better your ultimate outcome will be.

While you may discuss your upcoming role-play with others who are playing the same role that you have been assigned, your preparations are not a group project to be completed together.

Also it is important that you do not discuss your confidential instructions with others who have been assigned other roles. Your honesty, integrity, and ethical conduct in this regard will not only count in your grades but it will also affect your reputation with your peers and instructor. If you have any questions about the confidentiality of any facts, please ask the instructor.

Grading

Grades will be assigned on the basis of class participation, weekly journals and coursework (30%)

Participation

Participation includes timely attendance, participation in class exercises (as discussed above) and participating in class discussions 9 quality trumps quantity).

Weekly Preparation, Reflections & Analysis

Preparation, self-reflection, and analysis are key to developing successful negotiations and mediation skills. For each simulation exercise, you will provide me with a copy of your preparation at the beginning of each class, and then again conduct a self-analysis after the simulation is completed. The self-analysis will be submitted the following day.

Final Exam/Essay Paper (70%)

At the end of the course you will be required to write a final exam or write an essay paper. We will determine this as we go along in the course.

Guidelines for Reflection and Self-analysis

Be reflective And Analytical– Reflect on the simulation(s) of the previous class, then analyze what you have learned based on the assigned readings and class discussion. A complete entry will integrate your reflections with substantive material from the assigned readings and class discussions.
Do not act as a reporter- Do not itemize what was done in the simulation. Do not simply restate points from class discussion debriefing that exercise. Instead, pick out some aspect of the simulation, or some observations, questions, or concepts that struck you as particularly interesting or important. Grapple with those issues.
There are no “right” answers– you will not be graded on whether you agree r disagree with what is presented in class. Feel free to challenge the ideas being presented and discuss the basis for your challenge.
Be specific- conclusory statements without support or analysis does not fulfill the self-reflective purpose for the entries. For example, if you feel the urge to write that you were frustrated with your negotiation/mediation partner(s) or the process, take time to investigate why you are frustrated. What triggered the frustration? Have you felt this before? Does this say something about the way you negotiate/mediate? Did you learn how to respond in these kinds of situations?
Think about the future- in addition to reflecting on what happened; think about how to use what you have learned. How will you handle a similar situation next time?
Explore

Summary of Weekly Schedule

PART 1(Principled Negotiation & Mediation)

WEEK ONE: ADR Overview and introduction to Negotiation & Christian Conciliation

Reading Assignment: Thomas J. Stipanowich, ADR and the “Vanishing Trial”: The Growth and Impact of “ Alternative Dispute Resolution” Journal of Empirical Legal Studies, 2004. (Reading available in course package); Getting to Yes, pp.xvii-xix, (Introduction & Chapter 1); Readings from the Bible on Settlement of Disputes.

Class Activities: Review Syllabus, Lecture on Reading Materials & Simulation Exercise

WEEK TWO :Overview of Conflict

Reading Assignment: Bernard Mayer, The Dynamics of Conflict Resolution: A Practitioner’s Guide, Chcapter1: Nature of Conflict & Christopher Moore, The Mediation Process. Practical Strategies for Resolving Conflict Chapter 1: Approaches to managing and resolving conflict (Reading materials available in Course package)

Class Activities: Lecture on Reading materials & Lecture on Perception and Communication Skills

WEEK THREE: Overview of Principled Negotiation

Reading Assignment: Intro, Ch. 1-2 Ch. 3, 4 and 5 of Getting To Yes

Class Activities: Lecture on Reading material & Small Group Negotiation Exercises

WEEK FOUR:

The Importance of Preparing to negotiate.

Reading Assignment: Fisher & Shapiro, Beyond Reason, pp. 169-182 (On Being Prepared)

Overview of Negotiation Tactics and Strategies: Adversarial Negotiation v. Interest-Based Negotiation

Reading Assignment: Getting to Yes, pp. 1-15 (Review); Getting to Yes, pp.16-94 (4-Part Method of Interest-Based Negotiation); Getting to Yes, pp. 95-106 (Developing your BATNA)

Class Activities: Lecture on Reading Material & Simulation Exercise

WEEK FIVE: Information Gathering, Developing an Offer &Concession Strategy; When and Why to Choose Negotiated Settlement: Creating Value

Reading Assignment: Beyond Winning, Chapter 1(Creating Value through settlement); Beyond Winning, Chapter 4 (Choosing settlement-or not!)

Class Activities: Lecture on Reading materials & Simulation Exercise.

WEEK SIX: Introduction to Mediation: Beginning a Mediation, Setting the Agenda, Generating Options & Reaching Agreement

Reading Assignment: Selected pages from, Christopher Moore. The Mediation Process. Practical Strategies for Resolving Conflict.

(Chapter 1: Approach to managing and resolving conflict & Chapter 2: How mediation works)

Class Activities: Lecture on Reading materials and Simulation Exercise:

WEEK SEVEN: Case Studies on ADR in Uganda

Reading Assignment: Geoffrey Kiryabwire, The Development of the Commercial Judicial System in Uganda: A Study of the Commercial Court Division, High Court of Uganda. The Journal of Business, Entrepreneurship& the Law, 4-20-2009; ADR in Northern Uganda (Akin Katono Article) and Readings about the Commercial Court

Class Activities: Lecture on Readings with possible guest speakers and possible trip to the Commercial Court

WEEK EIGHT: Law and Ethics in Mediation

Reading Assignment: Judicature (Commercial Court Division) (Mediation) Rules 2007. S.I 2007 No.55

Class Activities: Lecture on Reading Materials and Course Review

PART 2 (Arbitration)

WEEK NINE: Introduction and overview of Arbitration

Reading Assignment: Thomas J. Stipanowich, Arbitration: The “New Litigation”, 2010 Univ. Ill. L. Rev. (Reading available in course package)

Class Activities: Lecture on background of Arbitration

WEEK TEN: The Uganda Legal Environment for Arbitration

Reading Assignment: The Arbitration and Conciliation Act, 2000

Class Activities: Lecture on Reading Material

WEEK ELEVEN: Introduction and Overview of International Commercial Arbitration

Reading Assignment: Access the websites of the following dispute resolution providers: American Arbitration Association (AAA), United Nations Commission on International Trade Law (UNCITRAL), London Court of International Arbitration (LCIA), International Chamber of Commerce (ICC). Be prepared to discuss the similarities and differences between each of these providers. What rules and protocols do they follow? What are their major differences? Does each appear to have expertise in certain areas?

Class Activities: Lecture on Reading materials and course overview