Course Overview
The Mediators Without Borders Arbitration course is an online self-paced class, which describes the InAccord
Arbitration process and its applications. The course will present topics such as arbitration statutes, awards,
staying proceedings, costs, and fees. Issues of jurisdiction, arbitrator qualifications and duties, contract analysis,
rules of evidence, admissibility, and relevance will be discussed in readings and online discussions with other
students and the instructor. The class will cover the phases of the InAccord model including the pre-hearing
procedures, the hearing itself (including discussion of both procedure and dealing with substantive issues), the
award (including issues of determination on the issue and potential remedies available, and the practical matter
of writing the award), and grounds for challenging the award (including the concepts of appeal and judicial
review). The class methodology will rely on case study evaluations to highlight unit topics including a written
decision on a chosen case.
Prerequisites
BUS-MWB 601
Required Knowledge
N/A
Course Outcomes
Upon completion of this course, the student should be able to:
1. Examine history of arbitration, various applications, benefits and limitations.
2. Identify ethical issues and conflicts of interest in arbitration.
3. Apply the InAccord Conflict Analysis® model to arbitration.
4. Describe rules of evidence, admissibility, and relevance and mechanisms.
5. Examine the weighing of testimony and evidence, and use of surveys in writing an award.
Materials
Mediators Without Borders. (2014). InAccord Conflict Analysis® for Arbitrators. Bradenton, FL: Booklocker.com,
Inc.
Goodman, A. H. (2004). Basic skills for the new arbitrator (2nd ed.). Rockville, MD: Solomon Publications. ISBN:
858-1000010296.
Students are required to download the free video conferencing program “Skype” and create an account at
Skype.com for use in the course, if you do not already have a Skype account. Students are required to get a
headset with a microphone, if they do not already have one.
Grading
Mediators With Borders Grading Policy
| Available Grades |
|---|
| A = 90-100% |
| B = 80-89% |
| C = 70-79% |
| D = 60-69% |
| F= Below 60% |
Course Requirements
Course Activities:
Before beginning your course work, be sure to review the policies of Mediators Without Borders in theGetting Started Lesson. If you have any questions regarding these guidelines, please feel free to direct them to your instructor.
Reaction Papers—80%
Each paper is worth 20% of your total grade. These papers are responsive writing exercises designed to
test skills learned in each module. For more details, please go to the course environment, and review
the grading criteria.
Participation in Weekly Online Discussions—20%
Each required discussion is worth 5% of your final grade. A series of discussion questions will be posted
during the course. By registering for a web-based course, you have made a commitment to participate
regularly with your instructor in online discussions. Because this is a self-paced course, you are not
required to interact with other students. However, your posts will be available to all students and you
and they may comment and you may interact as you would like. We strongly encourage you to take
advantage of interactions with others, knowing that you will all be interacting at different times
throughout the course.
To lessen the risk of losing your work, do not write major discussion postings directly into a discussion posting. Instead, compose and check your work in other software (such as Microsoft Word) and then
paste your text into the new posting.
FORMATTING AND STYLE FOR WRITTEN ASSIGNMENTS:
All paper assignments in this course require the American Psychological Association (APA) style for formatting and references. You should be prepared to learn the necessary elements of APA style, and the course provides tools and guidelines to this end.
Unless otherwise specified, online discussion postings and responses do not require APA formatting or formal citations and references. You should always clearly state the basis, in the course material or your own research, for what you write in discussion postings.
COURSE ATTENDANCE AND PARTICIPATION:
Course attendance and participation are required. Your activity will be tracked within the campus and available to your instructor. If you appear inactive for any length of time, it is your responsibility to inform your instructor as to the reasons for your absence so he or she can assist you in getting back on track.
Instructor Participation
Your instructor will:
- Post a welcome message within 48 hours of your enrollment being received by Mediators Without Borders.
- Schedule real-time office hours or by individual appointment.
- Will communicate with you through the campus communication tools, including internal course messaging, as well as by email.
- Respond to your communications within two business days.
- Provide you with formative feedback midway through the course based on work submitted to that point.
- Grade all formative assignments within 4 business days in 8-week courses, and will grade final summative work within 5 business days after the end of the term.
Policies
You are responsible for being familiar with all the policies that are related to your activity in this course. Complete information on these policies can be found in the Getting Started Lesson at the beginning of the course modules.
Course Schedule
This course is entirely self-paced and must be complete within 6 months of starting.
|
Module and Title |
Course Module Matrix Required Reading |
Writing and Discussion Assignments |
|---|---|---|
|
Getting Started |
Student Introduction |
|
| Module 1: Arbitration, Justice, and Ethics |
Mediators Without Borders. (2014). InAccord Conflict Analysis® for Arbitrators. Bradenton, FL: Booklocker.com, Inc. o Chapter 1: Arbitration and Justice o Chapter 2: History of Arbitration o Chapter 3: Arbitration Oversight Public Citizen. (2009, September). Forced arbitration: Unfair and everywhere Holding, R. (2001, October). Private Justice: Can the public count on fair arbitration? Retrieved from http://www.sfgate.com/news/article/PRIVATE-JUSTICE-Can-public-count-on-fair-2870731.php |
Required Discussion M1D1: Fairness in Arbitration No Paper this Week |
| Module 2: InAccord Conflict Analysis model for Arbitration and Phase One |
Mediators Without Borders. (2014). InAccord Conflict Analysis® for Arbitrators. Bradenton, FL: Booklocker.com, Inc. o Chapter 4: Phase One: Interview Process Goodman, A. H. (2004). Basic skills for the new arbitrator (2nd ed.). Rockville, MD: Solomon Publications. o Introduction o The Arbitration Process and the Role of the Arbitrator o Pre-Hearing Procedures and the Preliminary Conference o Form 1. Request for a Preliminary Conference |
Optional Discussion M2D1: Mitigating Unfairness with the InAccord processRequired: M2A Paper: Ex Parte Communication |
| Module 3: InAccord Stage 1: The Preliminary Conference |
Mediators Without Borders. (2014). InAccord Conflict Analysis® for Arbitrators. Bradenton, FL: Booklocker.com, Inc. o Chapter 5: The Hearing Goodman, A. H. (2004). Basic skills for the new arbitrator (2nd ed.). Rockville, MD: Solomon Publications. o Pre Hearing Submissions, Subpoenas, and Discovery Disputes o Form 2. Prehearing Order o Form 3. Subpoena |
Optional Discussion M3D1: Severance Pay Case Study Part I Required: M3A Paper: Severance Pay Case Study Part I |
| Module 4: Directing the Hearing Part I |
Mediators Without Borders. (2014). InAccord Conflict Analysis® for Arbitrators. Bradenton, FL: Booklocker.com, Inc. o Chapter 5: The Hearing Goodman, A. H. (2004). Basic skills for the new arbitrator (2nd ed.). Rockville, MD: Solomon Publications. o Conducting the Hearing Evidence and Objections |
Required Discussion M4D2: Making the Hearing More Efficient No Paper this week |
| Module 5: Directing the Hearing Part II |
Goodman, A. H. (2004). Basic skills for the new arbitrator (2nd ed.). Rockville, MD: Solomon Publications. o Witness Testimony and Closing Arguments |
Optional Discussion M5D1: Ruling on a Request for PostponementRequired M5A1 Reaction Paper: Severance Case Rulings |
| Module 6: Closing the Hearing |
Goodman, A. H. (2004). Basic skills for the new arbitrator (2nd ed.). Rockville, MD: Solomon Publications. o The Arbitration Award |
Required Discussion M6D2: The Arbitrator’s Deliberation No paper this week |
| Module 7: Rendering the Arbitration Award |
Mediators Without Borders. (2014). InAccord Conflict Analysis® for Arbitrators. Bradenton, FL: Booklocker.com, Inc. o Chapter 6: Post Hearing Outcomes o Chapter 7: InAccord Conflict Analysis Research Methods Goodman, A. H. (2004). Basic skills for the new arbitrator (2nd ed.). Rockville, MD: Solomon Publications. o The Arbitration Award o After the Award o Payment and Conclusion o Form 4. Arbitration Award |
Optional Discussion M7D2: Streamlining Arbitration Required Paper M7A: Writing an Award |
| Module 8: International Arbitration |
Mediators Without Borders. (2014). InAccord Conflict Analysis® for Arbitrators. Bradenton, FL: Booklocker.com, Inc. o Chapter 8: Industry Specific Applications o Chapter 9: International Arbitration o Conclusion |
Required Discussion M8D2: A New Paradigm for International Arbitration No Paper this Week |
Grade Weights
|
Activity/Assessment |
% of final grade |
|---|---|
|
Reaction Papers and Journals (4 Total) |
80% |
| Discussions (4 Total) | 20% |
| Total | 100% |
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