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Courses/Law/Alternative Dispute Resolution

ADR: Negotiation, Mediation & Arbitration

Master dispute resolution: Navigate negotiation, mediation, and arbitration to strategically resolve conflicts and achieve optimal outcomes.

Created byHassan Ahmad
4.9
(16 reviews)
BeginnerUpdated Sep 4, 2025
ADR: Negotiation, Mediation & Arbitration

What You'll Learn

check_circleDistinguish between consensual and adjudicative processes.
check_circleLearn negotiation strategies like BATNA and WATNA.
check_circleUnderstand legal mediation and arbitration in Canada.
check_circleApply ethical considerations in dispute resolution.
check_circleExplore hybrid ADR models like MedArb.
check_circleLeverage ADR for improved access to justice.

About This Course

The "ADR: Negotiation, Mediation & Arbitration" course offers an insightful exploration into the world of Alternative Dispute Resolution (ADR), highlighting its pivotal role in modern legal and business landscapes. This course dissects the core principles, methodologies, and practical applications of negotiation, mediation, and arbitration, emphasizing their increasing relevance in a world seeking efficient, flexible, and cost-effective alternatives to traditional litigation.

Key learning outcomes include:

  • Understanding the fundamental differences between adjudicative and consensual dispute resolution models in Canadian law, and how client interests influence the choice of mechanism.
  • Mastering the art of principled negotiation, including the critical roles of BATNA (Best Alternative To a Negotiated Agreement), WATNA (Worst Alternative To a Negotiated Agreement), and reservation points, alongside the impactful distinction between interests and positions.
  • Delving into the ethical considerations that govern lawyers during the negotiation process, particularly concerning communication and confidentiality, with reference to notable Canadian legal precedents.
  • Gaining comprehensive knowledge of mediation, distinguishing between voluntary and mandatory programs in Canada, and examining strategies for mediators to ensure neutrality and mitigate bias in power-imbalanced disputes, including the enforceability of mediated settlement agreements.
  • Exploring the structure, law, and enforcement of arbitration, discerning between binding and non-binding forms, understanding the drafting of enforceable arbitration clauses, and analyzing procedural variations across Canadian arbitration centers.
  • Investigating the scope and limitations of confidentiality and privilege protections in ADR communications under Canadian law, considering the impact of statutory exceptions like the Access to Information Act.
  • Unpacking hybrid dispute resolution models such as MedArb, mini-trials, and early neutral evaluation, their procedural implications, and their significant contribution to improving access to justice in Canada.

This course provides participants with a robust framework for effectively navigating and leveraging ADR processes, offering essential skills and knowledge for legal professionals, business leaders, and anyone interested in conflict resolution beyond the courtroom.

Your Instructor

Hassan Ahmad
Hassan Ahmad

Law Professor, Osgoode Hall Law School

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star16 reviews

Professor Hassan M. Ahmad is an Assistant Professor at Osgoode Hall Law School where he researches and teaches on topics related to corporate governance, business and human rights, transnational law, tort law, international law and climate change litigation. Prior to joining Osgoode Hall, Professor Ahmad was an Assistant Professor at the Peter A. Allard School of Law at the University of British Columbia. He also served as a full-time Replacement Professor at the University of Ottawa, Faculty of Law (Common Law Section). He holds an SJD from the University of Toronto, Faculty of Law, an LLM from the University of California, Berkeley, and a JD from Osgoode Hall. During his doctorate, he was a visiting scholar at the Lauterpacht Centre for International Law at the University of Cambridge. Prior to entering academia, Professor Ahmad worked at the International Criminal Court, the Ninth Circuit Court of Appeals in San Francisco and as a private practice civil and class actions litigator in Toronto. Professor Ahmad’s research has been recognized by a number of prestigious scholarly organizations, including the American Society of International Law and the American Society of Comparative Law. He is the co-editor of The Cambridge Handbook of Litigating Business and Human Rights Violations: Themes, Perspectives, and Prospects (Cambridge, University Press, forthcoming). His work has also appeared in leading Canadian and foreign journals such as the American Journal of International Law, The American Journal of Comparative Law, Berkeley Journal of International Law, UBC Law Review, Osgoode Hall Law Journal, Queen’s Law Journal, and Transnational Legal Theory, among several others. He has also published several book chapters in edited volumes. His research has been funded by, among others, the Social Sciences and Humanities Research Council (SSHRC), the Law Foundation of British Columbia, the Hampton Fund at UBC, and the Canadian Foundation for Legal Research. At the University of Ottawa, Faculty of Law, Professor Ahmad won teaching awards for in-person and online teaching as well as for his mentorship of JD and graduate students. Outside of his academic work, he has continued to be involved in public interest litigation, representing clients at the Supreme Court of Canada, the Ontario Court of Appeal, the Ontario Superior Court of Justice, and the Human Rights Tribunal of Ontario. Otherwise, Professor Ahmad lends his expertise regularly to media outlets. His commentary on high profile civil cases, issues of corporate accountability, and climate change has appeared in, for instance, The Globe and Mail, CBC News, CTV News, The Toronto Star, the Vancouver Sun, and the Winnipeg Free Press, among others.

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What Students Are Saying

4.9
Student's Choice
16 reviews

Frequently Asked Questions

We are a registered provider with 327+ associations and regulatory bodies worldwide. We operate across 29 global markets including Canada, the US, Australia, and the UK. Every course page clearly displays its specific accreditations. Upon completion, you receive a professional certificate that can be validated online. Our certificates include all necessary accreditation details, credit hours, and completion dates, and are formatted specifically to meet the submission requirements of most global regulatory bodies.