LGST 489
Alternative Dispute Resolution (OCW)

 

LGST 489
Alternative Dispute Resolution (OCW)

Study Guide

Unit 9 – Hybrid Processes

Overview, Learning Objectives, and Reading Assignments

Now that O've experienced - cartoon

Reprinted with permission from www.stus.com.

Unit 9 introduces new, more creative processes that have been tailored to meet the unique needs of participants, the particular circumstances of disputes, and the specific obstacles presented by ADR. The primary focus is on processes that involve a third-party neutral evaluator, such as the mini-trial and judicial settlement conferences, and the use of an ombudsperson. This unit defines the role of a neutral evaluator, and describes the process used in each method considered.

Learning Objectives

When you have completed Unit 9, you should be able to achieve the following learning objectives.

  1. Describe some hybrid ADR processes currently available.
  2. Describe the role and identify the qualities of a neutral evaluator.
  3. Describe the different processes used in each of the various hybrid models.
  4. Describe the role of an ombudsperson, and identify some elements of the processes used by an ombudsperson.

Reading Assignment

Elliott, David C. (June 1995). Med/Arb: Fraught with danger or ripe with opportunity? Alberta Law Review, 34(1) 163–17

Rowe, Mary. (1991). The ombudsman’s role in a dispute resolution system. Negotiation Journal, 7(4), 353–361.

Wittmann, Neil C. (2015). Judicial dispute resolution in the Court of Queen’s Bench: Making resolution accessible. Canadian Arbitration and Mediation Journal, 25(1), 14–20.