CARLETON UNIVERSITY

DEPARTMENT OF LAW

Graduate Certificate in Conflict Resolution Studies

LAWS 5704

RESOLVING MULTI-PARTY CONFLICT

AND CONSENSUS BUILDING

TERMWinter, 2010

PREREQUISITELAWS 5702 – Advanced Conflict Resolution and Mediation,

or by special permission.

INSTRUCTORProfessor Larry Sherman

Office: IBI Group, 230 Richmond St. W., Toronto, M5V 1V6

Phone: (416) 596-1930

Fax: (416) 596-0644

E-Mail:

DATES AND TIMESSaturday, February 6, 9:00 a.m. to 5:00 p.m. Sunday, February 7, 9:00 a.m. to 5:00 p.m.

Friday, February 12, 9:00 a.m. to 5:00 p.m.

Saturday, February 13, 9:00 a.m. to 5:00 p.m.

Sunday, February 14, 9:00 a.m. to 5:00 p.m.

LOCATIONLoeb Building B454

COURSE DESCRIPTION

This course examines the theory and practice of multi-party, multi-issue conflict resolution, collaborative problem solving and consensus building. The course will focus on four components of the subject: (i) practice-based theory; (ii) negotiation, facilitation and mediation skills development; (iii) case study analysis; and, (iv) examination of applications to societal conflicts such as the environment, public and social policy, governance and community development.

COURSE OBJECTIVES

  • To ground the student’s understanding of the theory and practice of multi-party conflict resolution, applied in the current social context;
  • To strengthen the student’s skills and techniques in assisting multi-party negotiations and collaborative problem solving/consensus building;
  • To strengthen the student’s capacity for intervention into the process of resolving multi-party conflict.

relation to ccr program goals and competencies

As an advanced course in the Program, this course will cover all of the competencies listed in the Statement of Program Goals and Competencies, and will focus specifically on the following:

1.1Describe the nature of conflict

1.3Differentiate between various conflict resolution processes

2.1 Recognize and describe potential and actual conflict situations

2.2 Recognize and describe issues of power, culture and gender in conflict situations

2.3 Identify the issues in dispute

2.4 Identify the parties and other key stakeholders involved in the conflict

2.5 Determine the history of the conflict

2.6 Identify the positions and interests of all parties

2.7 Identify the relationships among and between the parties

2.8 Evaluate the impact of the context on the conflict situation

3.1 Identify the advantages and disadvantages of third party intervention

3.2 Understand various third party roles

4.2 Assess the capacities of the parties to participate in a conflict resolution process, and the appropriateness of the conflict situation

4.4 Identify and create process options and assess and describe their possible implications

5.2 Select and apply generic conflict resolution skills and techniques

5.3 Apply skills and techniques of at least one conflict resolution process

6.1 Evaluate analyses, strategies and processes in light of what happens

REQUIRED READINGS

Larry Sherman, CoursePack Readings in Multi-Party Conflict Resolution and Consensus Building. This reader can be purchased at the Carleton University Bookstore.

Please Note

  • This Reader has been compiled by the Instructor to provide the student with a broad overview of the subject and a useful selection of resource writings relevant to the course work. The Reader is divided in three sections: I. Practice-based Theory; II. Techniques and Applications; III. Profiles and Work of Practitioners in the Field.
  • Students are required to be fully familiar with all of the readings before classes begin.
  • Students may have previously been assigned some of these readings but are encouraged to re-read the material in the context of this course.
  • Given the intensive format and skills component of this course there will only be limited time to discuss the readings in class in any depth, however, students will be expected to apply the readings to class work and assignments. To improve existing skills and integrate new ones, students will need to have prior familiarity with the concepts presented in the readings.
  • It is expected that many of these required readings will be useful reference material as students pursue work in the field of conflict management and mediation. Where excerpts are provided in the Reader, the student is encouraged to read the entire text for more comprehensive reference.
  • Separate from the Reader, it is suggested that students bring a 3-ring binder to class in which to maintain notes and course materials that will be provided and to maintain personal journal notes reflecting on experience in each class.

EVALUATION

i)Class Preparedness and Participation (25%)

Class attendance and participation is essential to successfully completing this course. The course will be conducted in a workshop and seminar format. Students should have read all the readings in advance and should come prepared to apply the assigned readings to the discussion for each day. Students will be expected to fully participate in one-on-one, small group and class work. Class participation will be evaluated in relation to the specific competencies listed above, in particular 1.1, 2.1, 2.2, 2.3, 3.1, 3.2, 5.2, 5.3, and 6.1.

(ii)Reflective Self-Assessment – Learning Journal (15%)

Students will be required to maintain a log of reflections on their own personal response and progress during the course, to be submitted for evaluation with the final essay (below). Students are encouraged to reflect their impressions in the log at the end of each class day and required to submit them to the instructor at the end of the course. Competencies 1.3, 2.1, 2.8, 3.2, 5.2, and 6.1 should specifically be examined.

(iii)Class Project (20%)

Students will be assigned at the end of week one, a case analysis write up to be submitted at the beginning of week two, which may then be the subject of in-class presentation and discussion. In particular, this project is meant to demonstrate competencies 1.1, 2.1, 2.2, 2.3, 2.4, 2.5, 2.6, 2.7, 2.8, 3.1, 3.2, 4.2, 4.4, and 6.1.

(iv)Essay (40%)

A final essay is required, not to exceed 10 typed, double-spaced pages, on a subject to be selected in consultation with the Professor. It is meant as a further opportunity to creatively examine issues drawn from course material and discussions of particular interest to the Student. The essay will therefore be evaluated (a) on the quality of the creative examination and critical thinking; (b) on applications to course topics and materials; (c) on application and reference to the required readings, and (d) on the overall structure, organization and thoroughness of the paper itself. Demonstration of competencies 1.1, 1.2, 1.3 and 6.1 will be of particular significance.

A hard copy of the essay and the Course Learning Journal are to be duly marked and delivered to the Department of Law C473 Loeb Building or can be e-mailed directly to the Professor (address above) by no later than

4:00 p.m. on Monday, March 8, 2010. Students should retain a copy of their submission. In order for copies to be returned with the Professor’s comments, students should provide a stamped, self-addressed return envelope.

COURSE OUTLINE

DAY ONE – Saturday, February 6th

COMMUNITIES IN CONFLICT: DEALING WITH COMMON AND COMPETING INTERESTS IN A PLURALIST WORLD

  • Introductions; Course Objectives and Structure
  • Communities of Interest, the Roots of their Conflict, and the Nature of Impasse
  • Troubled Communities: How We Typically Respond to Conflict; Why and What We Must Change; Common Barriers to Resolving Conflict
  • Distinguishing “Large Table” from “Small Table” Processes

Lunch Break

  • Case Study in Multi-Party, Multi-Issue Conflict

Readings:

E. Franklin Dukes, Resolving Public Conflict, ManchesterUniversity Press, 1996;

Chapters 2 and 4, pages 13 – 22 and 43 – 59.

John M. Bryson and Barbara C. Crosby, Leadership For The Common Good, Jossey-Bass 1992, Chapters 1-2, Pages 3-56

Gerald Cormick, Norman Dale, Paul Emond, S.Glenn Sigurdson and Barry Stuart, Building Consensus for a Sustainable Future: Putting Principles into Practice, National Round Table on the Environment and the Economy, 1996; Appendices 1 and 2, pages 114 – 130

James Surowiecki, The Wisdom of Crowds, Anchor Books,; Introduction, pages xi-xxi

DAY TWO – Sunday, February 7th

NEGOTIATING COLLABORATIVE OUTCOMES TO MULTI-PARTY CONFLICT

  • Check-in: Overnight Reflections on Day One
  • Extending Negotiations Theory as the Process of Discourse and Conversion
  • Strategizing and Preparing to Negotiate
  • Case Study in Dealing with the Multi-Table Problem

Lunch Break

  • Case Study in Dealing with Multiple Interests and the Public Interest
  • Assignment for Next Week: submit a brief (max 2 pages) outline in point form of a multi-party conflict in which you are personally involved, listing:
  1. key issues of the situation
  2. the parties and their essential interests
  3. key barriers to a resolution
  4. key questions that might lead to breaking the impasse

Readings:

Roger Fisher, William Ury, Bruce PattonGetting To Yes, Penquin Books, 1991 (Second Edition); Chapter II.2, pages 17-39.

Douglas Stone, Bruce Patton, Sheila Heen, Difficult Conversations, Penguin Books, 2000; pages 3-43 and 233-234

Kenneth R. Melchin and Cheryl A. Picard, Transforming Conflict through Insight, Chapter 4, pages 76–90.

DAY THREE – Friday, February 12th

DECIDING BY CONSENSUS

  • Check in: Issues Arising from Negotiations as Discourse in Resolving Multi-Party Conflict
  • Insight Theory Applied to the Nature of Building Consensus Through Questioning and Discovery

Lunch Break

  • Case Studies in Consensus Building and Multi-Party Decision-Making that Reach Stable Public Policy Outcomes

Readings:

Susan Carpenter and W.J.D. Kennedy, Managing Public Disputes, Jossey-Boss; pages 1 – 29 and 52 – 65.

Lawrence Susskind and Jeffrey Cruikshank, Breaking the Impasse, Basic Books, 1987;

Chapter 5, pages 136 – 185.

Barry Stuart, “Sentencing Circles: Making ‘Real Differences’ in Rethinking Disputes: TheMediation Alternative, Emond Montgomery Publications Limited, 1997;

pages 201 – 23

DAY FOUR – Saturday, February 13th,

MANAGING THE MULTI-PARTY CONFLICT RESOLUTION PROCESS

  • Check-in: Focus on Issues of Deciding by Consensus
  • A 4-Part Framework for Managing the Process
  • Issues in Managing Multi-Party Conflict
  • Roles and Dilemmas in Facilitating the Process

Lunch Break

  • Group Analysis of Conflict Scenarios

Readings:

Deborah Kolb, When Talk Works, Jossey-Boss; Chapter 8, pages 309-354.

John Forester, Making Mediation Work: Profiles of Community and Environmental Mediators, UVic Institute of Dispute Resolution (Unpublished).

Stephen Littlejohn and Kathy Domenici, Engaging Communication in Conflict: Systemic Practice, Sage Publications,; Chapter 7, pages 168-194

DAY FIVE – Sunday, February 14th

APPLYING INTEREST-BASED CR TO THE PUBLIC REALM

  • Final Check-in: Addressing Outstanding Issues
  • Facilitating Public Conflict Resolution Meetings: Strategies for Dealing with Public Emotions

Lunch Break

  • Course Wrap Up
  • Discussion of Essay Topics
  • Course Evaluation

Readings:

Lawrence Susskind and Patrick Field, Dealing With An Angry Public, Free Press; Chapters I and III, pages 1 – 14 and 37 – 59

Sol Erdman and Lawrence Susskind, Reinventing Congress for the 21st Century, Frontier Press; Chapter 3, pages 24 - 36.

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