ALTERNATIVE DISPUTE RESOLUTION ISCOR 421 Spring 2016

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ALTERNATIVE DISPUTE RESOLUTION

ISCOR 421 Spring 2016

Prof. Luca Dal Pubel

Time : Tuesday from 4 to 6:40 PM

Location: LSN-132

Contact information: Ldalpubel@mail.sdsu.edu

Office hours: Tuesday from 3 to 4:00 PM

Office location: Storm Hall 223 C

Teacher availability: available to meet students individually after class or by appointment; contact at: Ldalpubel@mail.sdsu.edu

or

Lucadalpubel@gmail.com

1 – COURSE SUMMARY

This course provides students with basic alternative dispute resolution skills and concepts and teaches them to use those methods for a range of real-world situations and encourages students to appreciate approaches to negotiation, conflict resolution and peacebuilding as vehicles for successful impact on peace efforts. The first part of the course includes an overview of interest-based conflict resolution, negotiation from a problem-solving (rather than competitive) perspective, mediation skills and techniques, and approaches for managing conflicts in inter-personal, intra-group, and international settings. The second part offers an overview of international conflict resolution through case study analysis and guest lectures and provides a review of main theories on root causes of international conflicts, as well as different mechanisms of prevention, management and resolution of international conflicts. Students will be familiarized with how and why international conflicts appear and develop and will learn developments on early warning methods, negotiation techniques, and peacekeeping and peacebuilding theories.

2 - OBJECTIVES, GOALS and OUTCOMES

The goal of this course is to provide students with opportunities to develop conflict resolution skills related to the practice of negotiation and mediation, and other ADR processes, and as well as to gain familiarity with current conflict theory, international relations, and international conflict resolution.

Objectives:

1. Students will learn skills to think critically, effectively express concepts, and fully utilize available tools for successful application when negotiating, resolving conflict, and building peace.

2. Students will learn the major theories on which international negotiation, conflict resolution, and peacebuilding approaches are based.

3. Students will familiarize with the application of such approaches to designated areas of international conflict.

Learning Outcomes:

By the end of this course, the successful student will demonstrate ability to:

1. Demonstrate knowledge and understanding of the key concepts, principles, and theories of negotiation, mediation and international conflict resolution.

2. Think critically about the various issues concerning negotiation, conflict prevention, management, and resolution.

3. Articulate the methods, techniques, and skills learned to implement a conflict resolution plan and address issues related to interpersonal, intergroup, and international conflict.

4. Meet these outcomes through their performance in weekly class activities and the graded assignments described throughout this syllabus.

3 - PREREQUISITES

Upper division standing.

4 - METHOD

This course is taught with a combination of lectures, simulations, and participatory exercises. Active involvement of the students is essential. Students consistently evaluate favorably participation in class exercises and role-plays. From time to time, I will endeavor to have guest speakers make presentations. These speakers have been selected based upon their special expertise and will give us insights and in depth analysis of the subject matter of their presentations. I am hopeful we will have guest speakers on the dates indicated in the syllabus, but based on the speakers’ availability, some rearrangement of the syllabus schedule may be required.

5 - REQUIRED READINGS

Students are required to read three books and selected articles placed on blackboard each week.

1. Fisher, R., and Ury, W. (1981). Getting to Yes, Negotiating Agreement Without Giving In . (2 nd ed. pp. 186) Penguin Books.

2. Greig, J., & Diehl, P. (2012). International mediation (1st ed., p. 224). Cambridge, UK: Polity.

3. Charles, H. (2010). International conflict resolution . (2nd ed., pp. 222). New York: The

Continuum International Publishing Group.

4. Additional reading put on BLACKBOARD.

5. * Noll, D. (2011). Elusive peace: How modern diplomatic strategies could better resolve world conflicts (p. 304). Amherst, New York: Prometheus Books.

6 - ASSESSMENT

Students are expected to fulfill the following course assignments:

1. Participation

Active participation is essential for this course. Active participation in the course includes the student’s full engagement in all activities, discussions, and exercises. The instructor will grade your performance by the frequency with which you engage in discussion, ask questions, and volunteer for activities during the course.

Way to earn participation points:

Raising questions and sharing reflection that demonstrates careful reading of assigned texts in class discussion.

Demonstrating the best of conflict resolution in the classroom, e.g., treating all with respect.

Bringing and sharing examples of conflict theories “in action” from your own and others’ lives, the media, etc., conflict technique success stories and/or conflict challenges for class troubleshooting

 Productive participation in class discussion and activities .

2. Class Rules

Midterm and Final Paper are to be turned in on the assigned dates. No make ups will be allowed unless an emergency occurs and it is properly documented.

Please act respectfully towards your instructor and other students. Talking and sleeping in class distracts everyone from learning. I trust you will show respect to all around you.

3. Midterm Exam

The one in-class written exam (lessons 6) will last approximately two hours and may have a variety of questions and question types, including at least one extended essay. The exam seeks to measure knowledge relative to course objectives. Exams cannot be missed nor made up.

The use of a cell phone, iPad, pocket computer, iPod, or similar device during exams or quizzes is not

allowed.

4. Quizzes (2 given at random) on concepts and readings (definition and short answer)

5. Final Paper

This will be a five page (double spaced, 12 pt. Font Times New Roman) research assignment regarding the significance of international conflict resolution and application of a particular international conflict of interest to you, e.g. Syria, Ukraine, Iraq, China Sea Dispute. The assignment shall require a minimum of three sources from class readings/lectures, and include your personal vision and action plan for conducting, encouraging or promoting international peacebuilding.

Student’s conflict analysis should consider:

What factors are working against peace or for conflict?

What factors, issues or elements are causing conflict and/or dividing people, and how?

Which individuals or groups in the situation are in a position to strongly influence the conflict – either positively or negatively?

What are the forces in the situation that exists now that can be built upon to promote movement towards peace?

Who exercises leadership for peace and how?

Who can decide for/against peace?

The instructor expects all students to work toward the following standards on the papers:

All sentences and paragraphs are grammatically correct.

The paper is correctly punctuated.

All words are correctly used and spelled correctly

The point of the paper is quickly ascertainable.

The paper stays on the subject.

The paper is written with its objective in mind.

The writing is concise.

 The paper is substantially free of clichés and platitudes.

Ideas are forcefully and cogently presented.

Each part of the paper logically follows what came before.

The flow of ideas leads from the premise to a forceful and logical conclusion.

Proper APA or MLA citation is used.

7 – COURSE CHANGES

I reserve the right to make changes in the assignments, expectations, delivery, and content of this course as needed, assuming adequate prior notice is provided to students through class announcements.

 It is exclusively the student’s responsibility to become apprised of and obtain any materials or announcements missed in class due to absences, or changes to syllabus, assignments, or due dates announced in class.

5 - EVALUATION and GRADING SYSTEM

1. Mid-Term Exam 30%

2. Final Paper 30%

3. Participation 25%

4. Quizzes 15%

The following grading system will be observed:

0 - 59 = F, 60 - 69 = D, 70 - 72 = C-, 73 - 76 = C, 77 - 79 = C+,

80 - 82 = B-, 83 - 86 = B, 87 - 89 = B+, 90 - 92 = A-, 93 - 100 = A

6 - ATTENDANCE and BEHAVIOR

This is an interactive class. Please note that:

A. More than 3 absences will result in grade deduction except for extraordinary circumstances.

B. Punctuality is appreciated . Students must arrive in class on time: any lateness, leaving class during the lesson without notice, not showing up on time after the break, or leaving earlier, will impact the participation grade and the Final Grade. Missing half a lesson or more will be considered as one full absence.

C. It is the responsibility of the student to catch up on any missed work and to keep track of his or her absences and cases of tardiness.

D. Computers may be used for taking notes during lectures. However, use of Gmail, Facebook,

Twitter, or any other social networks is not permitted. Computers will not be permitted during class exercises. Texting and other use of phones during class time is not permitted. In case of emergency calls, students are required to leave class.

E. Academic dishonesty: Academic dishonesty will not be tolerated. All written work must be your original work (i.e., not previously submitted for credit in any course, either at SDSU or at any other academic institution). Please familiarize yourself with the University Policy regarding cheating and plagiarism at:

http://csrr.sdsu.edu/academics1.html

And also be aware of the Student Grievance procedures, available on-line at:

http://www.sa.sdsu.edu/ombuds/grievanceprocedures.html

F. Dress: This class will simulate professional ADR work. While there is no dress code, please be conscious of how your clothing choices can influence your work.

G: Disabilities: Students with disabilities who need special accommodations in class or on tests must take arrangements through Student Disability Services, located at Calpulli Center, Suite 3101, phone number 619-594-6473, webpage

http://www.sa.sdsu.edu/sds/

.

9) CLASS SCHEDULE

Please bear in mind that the contents of individual classes may be slightly changed throughout the course in accordance with the overall learning process and specific needs of the students.

Class Date Class Topic Due at the Start of Class: readings and assignments

Jan 26 th Introduction to class: course outlines, expectations, and getting to know each other

Getting to Yes, Introduction

Feb 2 nd Nature and Soucers of Conflict: culture, identity, emotions

Social Identity and Intergroup Conflict

Kay Deaux (2001), Social Identity: pp. 1-9

Ron Fisher (2000), Source of Conflict and

Methods of Conflict Resolution : pp. 1-6

Feb 9 th Conflict Resolution and ADR Methods

Understanding Conflict Resolution: The

Process

Arbitration: International Private and

Public cases

John Miller (2006), Alternative Dispute

Resolution (ADR) : pp. 1-16

Bradley, M.A. (1966), International Air

Cargo Services: The Italy-U.S.A. Air

Transport Agreement. Arbitration, 12

McGill law journal at 312 et seq.

Feb 16 th Intro to Negotiation Getting to Yes: Ch. 1, 2, 3

Feb 23 th Negotiation Theory and Practice

The Importance of Communication,

Language and Culture in Negotiation

Getting to Yes: Ch. 4, 5, 6

Mar 1 st Intro to Mediation International Mediation: Ch. 1, pp. 1-29

Mar 8 th The Mediation Process

Video

Application of Mediation to Violents

Conflicts

International Mediation: Ch. 2, pp. 30-60

Mar 15 th

Mar 22 nd

MIDTERM EXAM

Conflict Resolution and International

Relations (Theory)

International Organizations and Conflict

Management: UN and OSCE

International Conflict Resolution: pp. 11-19, pp. 28-49

International Mediation: Ch. 3, pp. 61-103

April 5 th The Yugoslavia Conflict and European

Mediation

Conflict Case Study: Bosnia

Speaker: Prof. Richard Bainter

*Resolving International Conflicts:

188

Happened to Yugoslavia : pp. 1-16 pp. 171-

Center for European Studies (2004), What

April 12 th Conflict Case Study: Northen Ireland

Speaker: Prof. Michael Fryer

International Conflict Resolution: pp. 78-

103

April 19 th Conflict Case Study: Syria and Ukraine

Video

What Went Worng? Class discussion

Article TBA

April 26 th

May 3 rd

May 10 th

May 20 th

Durability of Peace: Justice,

Reconciliation and Nation-Building

Case Study: South Africa

Movie

International Negotiation Practicum

The evolution of Justice and the Internet

Online Dispute Resolution

International Conflict Resolution: pp. 54-76

Case Scenarios (provided by Instructor)

Devanesan, R. & Aresty, J. (2011). An

Evaluation of Online Dispute Resolution’s

Interplay with Traditional Theories of

Justice: pp. 263-305

Final Paper Due

Grades Due

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