Desautels Faculty of Management
“Resolution of International Commercial Disputes”
“Negotiation, Mediation and Arbitration”
BUSA 433
September-December, 2012
Course outline
Lecturer: Hodjat Khadjavi B.C.L., LL.M.
Email: hodjat.khadjavi@mcgill.ca
Tel: (514) 924-2002
Classes: Tuesdays and Thursdays 1:05 – 2:25 PM Bronfman Building, Room 046
Office Hours: Right after class in room 501 or by an appointment preferably through email.
Secretary: Ms. Linda Foster Office: Bronfman 104
Tel: (514) 398-3876 or (514) 398-4000 ext. 0252
Course Description:
In recent years, Alternative Dispute Resolution (ADR) mechanisms namely negotiation, mediation and arbitration have created a new problem-solving culture in the world of business and legal practice. This course will address the fundamentals and development of ADR mechanisms both in theory and practice. It will demonstrate how disputing parties are able to settle disputes outside the courtroom effectively and efficiently using these alternatives to litigation.
This course will be taught through a combination of lectures as well as simulations and demonstrations, in order to make ADR more interesting and more understandable to business students. The topic of negotiation discussed in this course is different from deal-making negotiation that leads to the conclusion of contracts and transactions. Negotiation discussed in this course concerns the settlement of disputes, which might endanger a transactional relationship that already exist; in other words, this kind of negotiation is used to keep the contract in dispute alive.
Course Objectives:
It is very important for business students to have a general knowledge about alternative methods of dispute settlement. Upon the completion of this course, it is expected that the students will have a clear understanding and a practical knowledge of the principles, processes and the institutions of ADR mechanisms in an international