20 ECTS Credits
Level of Study
Place of Instruction
Bergen Law Faculty
Objectives and Content
The course will be an introduction to ADR and the Role of the Negotiation. The course addresses the role of the negotiators, mediators, and arbitrators. The course will also examine the bargaining process, ethics and various ADR tactics and techniques.
This course will critically examine developments in the creation and use of selected methods that are alternatives to conventional forms of adjudication. ADR (or as we now call it, appropriate dispute resolution) includes a wide variety of processes, some of which are quite close to adjudication (arbitration) and others which are like adjudication in some ways (like adversarial presentations in negotiation and mini-trials) but unlike adjudication in other ways (the direct communication of parties in mediation and the `resolution¿ of problems based on future and interest based concerns, rather than past events and rights). There has been a virtual explosion of the use of a wide variety of processes and techniques for resolving and dealing with disputes and conflicts both in the public sector and in private arenas.
Conflict is not necessarily good or bad. Conflict can be dysfunctional and it can be difficult and dangerous for personal, business or institutional relationships. Conflict often requires a third party neutral to assist parties in resolving their disputes and to create valuable and workable relationships after their disagreements. This course provides students with the basic skills in alternative dispute resolution and it provides students with an understanding of common ADR principles and practices.
Students will be trained in the use of negotiation skills and provide students with a framework and theoretical foundation for the study of negotiation and to provide an opportunity for students to discuss important issues in the field of negotiation. In addition, students will practice their new negotiation skills in realistic simulations. Students will also be asked to critically evaluate the role of the negotiation within today¿s society.
¿ Understand the purpose of ADR and negotiation, how ADR and negotiation satisfy the goals of conflict resolution, and the principles of fairness and justice within conflict resolution
¿ Understand the historical context of ADR and the problems it was created to solve and the problems it created.
¿ Understand how institutionalization of ADR has affected its development and how it is evolving.
¿ Understand the lawyer¿s role, both as a representative of clients in ADR.
¿ Understand the ethical considerations in both the macro ¿justice¿ sense of and in micro sense of behavioral and strategic choices and behaviors
Required Previous Knowledge
Two years of Law studies.
Recommended Previous Knowledge
None beyond the prerequisites
Access to the Course
The course is available for the following students:
- Admitted to the integrated master programme in law
- Admitted to the two-year master programme in law
- Granted admission to elective courses at the Faculty of Law
- Granted additional right to study following completed master degree in law at UiB
- Exchange students at the Faculty of Law
The pre-requirements may still limit certain students' access to the course
Teaching Methods and Extent of Organized Teaching
The course will include lectures and discussions, with special emphasis placed on simulations. Attendance is expected and students will be expected to actively participate in all classes and assigned exercises.
Compulsory Assignments and Attendance
Forms of Assessment
Semester with teaching:
- A paper of 1800 words maximum. Each paper topic is open but has to be approved by the course teacher.
- A final four hour digital examination consisting of two or more essay questions.
- The paper will count for 25% of the grade, and the exam 75%.
Semester without teaching:
A four hour digital school exam
- Question paper: English
- Answer paper: English
Examination Support Material
Support materials allowed during school exam:
See section 3-5 of the Supplementary Regulations for Studies at the Faculty of Law at the University of Bergen.
Special regulations about dictionaries:
- According to the Regulations for Studies, one dictionary is permitted support material during the examination. Bilingual dictionaries containing for example both Norwegian-English and English-Norwegian are considered as one dictionary.
- Bilingual dictionaries to/from the same two languages - for example Norwegian-English/English-Norwegian - in two different volumes are also considered as one dictionary (irrespective of publisher or edition).
- Dictionaries as described above cannot be combined with any other types of dictionaries.
- Any kind of combination which makes up more than two physical volumes is forbidden.
- In case a student has a special need for any other combination than the above mentioned, such combination has to be clarified with/approved by the course coordinator minimum two weeks before the exam. Students who have not been granted permission to have a special combination minimum two weeks before the exam will be subject to the usual regulations (Section 3-5) about examination support materials.
A - E for passed, F for failed.
Combined with JUS280-2-A this course generates 10 new credits only.
According to administrative arrangements for evaluating courses at the Faculty of Law.
Professor II Larry Bakken.
Course teacher: Professor II Larry Bakken
Administrative contact: firstname.lastname@example.org
For written exams, please note that the start time may change from 09:00 to 15:00 or vice versa until 14 days prior to the exam. Autumn 2020 written exams will be arranged either at home or on campus. Please see course information on MittUiB.
Type of assessment: Written examination
- 27.11.2020, 09:00
- 4 hours
- Withdrawal deadline
- Examination system
- Digital exam