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Teaching ADR in an EFL classroom Prepared by : Brahim Zaim December 27, 2005 Slide 2 Needs of ADR: The State is working for include ADR methods within the civil/penal justice system; cf: www.sfcg.org/programmes/morocco/moroc co/_strengthening.html It makes good sense to prepare judges for these new approaches sooner. Slide 3 Purpose of the Class: To build the capacity and sharpen the knowledge of judges in innovative approaches to resolving disputes. To promote the use of English language amongst them. To plan publishing collaboratively a translated benchbox on ADR. Slide 4 Intended Audience of the Class: Student judges with limited English language proficiency. Slide 5 Method of teaching this class: To create an interactive classroom. To promot autonomous learning by encouraging and nurturing the process of self-direction. To fomente judges to be resources to all the class: visit resources sites to discover information, gather all the resources. -The training culminates with a final assessment- Slide 6 Continue Logistics: Using copmputer-based corpora. Using video tape, audio tape and Computer Assisted language learning. Using the Internet for research. Slide 7 Content of the course: ADR (Private Resolution or Non-Adversarial System vs Public Resolution or Adversarial System) = (Outside of court.) Slide 8 Outside of Court: Most disputes within society are resolved or managed without reference to the formal legal system. People with problem, like people with pains, want relief, and they want it as quickly and inexpensively as possible Warren E. Burger Former Chief Justice United State Supreme Court Slide 9 Outside of Court: It is cheaper to require ADR than to build new court : Norman Brand Slide 10 Continue 90% of the cases in U.S do not proceed to trial, but are settled out of court in settlement( Debra & Charles 1999, ALE pp 9,13) Slide 11 What is ADR? Wide variety of consensual approaches with which parties in conflict voluntarily seek to reach a mutually acceptance settlement (Bingham et al 1994) Slide 12 Idea of ADR: oADR plays growing role in a number of conflicts across the world. oThe term ADR is no more than 25 years old in western dispute resolution literature, however alternatives to litigation have existed for generations. Slide 13 The Aim of ADR: To reduce court backlogs, then improve the quality of court decisions To reduce costs and delays in court proceedings To promote cooperative litigations culture Slide 14 ADR Features: ADR provides many advantages to those who use it: flexibility Money-Saver Time-Saver Non-binding effect Preservation of human relationships (Reduction of the animosity) Slide 15 ADR Types : The ADR process can be mapped as follows: Mediation Negotiation Conciliation Early Neutral Evaluation (ENE) Slide 16 ADR Types : continue Arbitration Mediation-Arbitration Settlement Conference Online Dispute Resolution mechanisms (ODR) Restorative Justice Slide 17 Mediation: Mediation: process in which a neutral third-party helps parties to overcome deadlock and reach a negotiated settlement. Slide 18 Mediators role: The mediator works to: Improve Communication across party lines Help parties clarify and communicate their interests and understand those of their opponent Probe the strengths and weaknesses of each partys legal positions Identify areas of agreement and help generate options for a mutually agreeable resolution Slide 19 Mediators role: continue (Mediator doesnt have the authority to make an award, or, impose a binding settlement on the parties) Slide 20 Arbitration Arbitration: process whereby parties in dispute may submit their disagreement to an impartial arbitrator. Slide 21 Early Neutral evaluation: Early Neutral evaluation: a non-binding process in which the parties retain a neutral to provide an evaluation based solely on the merits of the cases. Slide 22 Neutrals role: Reviews the factual and legal positions of the parties Provides her / his view of the likely/fair result Slide 23 Settlement Conference: Settlement Conference: a simple, evaluative mediation frequently used in uncomplicated casses, where the parties are often not present,and the neutral is a retired or former judge. Slide 24 The judges role in settlement conference: Reviews the case with the parties and after a discussion of the facts and issues, suggests a settlement. Slide 25 ODR Type of dispute resolution which applies online technologies to facilitate the resolution of conflicts between parties. Slide 26 ODR ODR techniques: They have started in US since 1995 and there should be around 24 ODR service providers such as: www.mvag.org www.cybersettle.com www.mvag.org Slide 27 ADR & ODR Ethan Katsh and Janet Rifkin stated: If ADR moves dispute resolution out of court, ODR moves it even furthere from court Slide 28 Restorative Justice (ADR in criminal cases) A broad approach oriented on repairing as far as possible the harm caused by crime: Jolien Willemsens Alternative to imprisonment: court can order compensation to a victim for financial losses or unpaid work for the community. Slide 29 While Exploring ADR: Judges can: learn legal vocabulary & terminology concepts associated with the theme Adapt content learning needs to the language improve their language skills Slide 30 Challenges: Incorporation of ADR into the litigation system (there are no legal stipulations for ADR in Morocco until now). Expansion of the culture of collaborative problem solving. creation of court-annexed mediation center. Using English language as a tool of work and research. Slide 31 Useful Links www.adrinstitute.org www.abanet.org/dispute www.acresolution.org www.afccnet.org www.adr.org www.cedr.co.uk www.hg.org/adr.html www.adrcanada.ca/news/faq.html Slide 32 Useful Links www.osc.gov/adr.htm www.fema.gov/library/adr/faq.shtm www.texasadr.org/faq.cfm www.adr.noaa.gov/faq.html www.scbar.org/member/adr/faq.asp www.cdc.gov/od/adr/faq.htm www.bms.state.mn.us