Western Law

5845C 001 Family Law Dispute Resolution (ST)

Essay RequirementYes, this course will satisfy the Faculty of Law essay requirement
Pre/Co-requisite5415 Family Law (Pre)
Enrollment Restriction25
Instruction This highly interactive course explores the theory, skills and law of dispute resolution in contemporary family law practice. Focusing on the costs and benefits of each process, students will apply theory to practice in negotiation, collaborative law, mediation, mediation-arbitration, and arbitration. Methods of instruction include lectures, video instruction, simulations with one on one coaching, guest lectures and coaching, and individual and group reflection and discussion.
Assessment 25% course participation (including negotiation and mediation simulations)

25% case law analysis (10 pages)

50% research paper (20 pages)

Materials CanLii; WebCT; Text TBA
Library MaterialsClick here for Library Materials for this Course
Description The adversarial judicial system is often an inefficient, ineffective way to resolve the complex problems faced by separating couples and their children. With the expansion of court-connected family mediation, private mediation and arbitration practices and collaborative practice, family lawyers need a solid understanding of the theory, skills and law of ADR. This course will teach students the essential theory and skills of proficient negotiators, mediation advocates, collaborative practitioners and arbitrators. The evolving case law in the field will be analyzed. Students will be exposed to real-life fact situations for case study and simulation with individual feedback. Seasoned professionals will share their experiences with the group. Attendance is mandatory given the assessment criteria. Completing readings each day and preparation for negotiation and mediation simulations is critical to success in this course. Students will be expected to actively participate in class discussions.