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This course syllabus is intended as a set of guidelines for Ethics and Dispute Resolution. Both Southern Methodist University and your instructor reserve the right to modify the content, schedule, and requirements as necessary to promote the best education possible within prevailing conditions affecting the course.

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Thomas Noble, J.D., C.F.P.

tnoble28@hotmail.com

office: 214-692-1888

home: 214-823-5477

Office hours: call for appointment

Course Information

Course Title: Ethics and Dispute Resolution

Course number: HDDR 6306

Credit hours: 3

Class meeting time: Mondays 6:00 – 10:15 pm

Course description: I would like for this class to be a kind of “ethical laboratory” in which we can discuss relevant and current ethical issues as they relate to ADR. I hope that we have time to cover, albeit briefly, a survey of philosophical ethics and to make a good run through the specific codes and rules of ADR ethics. Left to my own devices, I will put some energy into steering the course in that direction. But, if students have ethical issues, I want to give them priority.

Course prerequisites: None.

Pre-assignment: Materials will be provided to students by email after registration closes.

Required and recommended textbooks and materials: The instructor will provide study materials as the class progresses.

Recommended reading: to be provided.

My Approach

This class will proceed by trial and error. My guess is that error will greatly outscore trial, but I am confident that both will be a big part of the process. I do not see myself as a “teacher” or a “professor” or even an expert on ethics. Like Socrates, I may be infertile, but I will try to be a good mid-wife. As in Zen,

the master does not actually teach the student anything, but forces him to find out for himself, and, furthermore, does not think of himself as a master, since it is only from the standpoint of the unawakened student that there are masters. (Alan Watts)

Course Objectives

1. Students will learn some of the history of philosophical ethics.

2. Students will learn to recognize and analyze ethical issues, as they occur within the context of ADR.

3. Students will develop tools and skills for resolving ethical issues.

4. Students will gain a familiarity with the various ethical rules and codes affecting ADR.

· Overview. What I would like to do is spend most of the first class getting to know one another (in order to determine the needs and interests of the students and to share my own). I would then like to spend a couple of classes discussing the historical development of ethics. One of the purposes for doing this is to give the uninitiated a philosophical basis for ethics, touching at least briefly on most major ethical systems and their founders, most of whom are fascinating individuals. I then plan to steer the course “into the weeds” of ADR, covering ethical issues related to most of the more popular methods: negotiation, mediation, arbitration, collaborative law, and some newer methods like parenting coordination and facilitation. Along the way, I hope to share some information about legal ethics (because lawyers are so prominently involved in most forms of ADR) and lessons from my own 18 years as a mediator.

· Fact checkers? No tape recording please! Do I flatter myself? Like every good Texan, I reserve the right to “shoot from the hip” whenever I want. Please don’t rely upon something just because I say it (in case you have not figured this out by now, this paragraph is commonly called a “disclaimer”). What I will do, in an attempt to compensate for my risk of error (“human, all too human”), is to try and be honest about it in real time (this is, after all, an ethics course), and ask students to check my facts when I sense that I am out on the proverbial limb. Please be prepared to Google when called upon to serve.

· Breaks/dinner. Because this class is offered from 6:00 p.m. until 10:15 p.m., that raises the issue of dinner for most people. I plan to take 10-15 minute breaks every 45 minutes or so. If that’s not enough time to scarf a sub and wash it down with your diet cola of choice, feel free to eat and drink in class. But, please: Don’t talk with your mouth full! Your mother would not approve, and it grosses me out.

· Weird Class. This is a Monday night class, and one Monday during this term is Labor Day. Obviously, we can’t meet that night, but the powers that be require us to have 10 classes, so, in order to keep them happy, and because my sources tell me that you have no regular classes on Thursday nights, I propose that Class 10 be on Thursday, October 15, 2009. If that creates heartburn for anyone, please notify me before August 24^th.

· Journaling: Do you have ethical issues? One thing I hope to accomplish is to make you more aware of ethical issues. In the ’60’s I would have said that I want to raise your consciousness about ethics. Therefore, I ask each of you to keep an “Ethics Journal”. Use it to write down, describe, and evaluate ethical problems that arise in your life. They may be professional; they may be personal; they may be social (including issues like the use of torture). Please come to class prepared to share and discuss.

· Communicating: I encourage email communication between and among students between classes. Feel free to email me with any feedback about the course.

· Final exam: The final will be a take-home exam, which will be distributed during Class 8 and due at the beginning of Class 10.

8. Class 8 - Ethical issues in collaborative law, parenting coordinators, and parenting facilitators; Final Exam distributed

Late Paper (Assignment) Policy: Late papers accepted only by pre-arrangement with the instructor.

Student Responsibilities: Be prepared, attend class and engage in class discussions and activities. Turn in all assignments on time.

Class Decorum: Be respectful. Be punctual, as class will begin on time. Breaks will be given; students must return promptly. Attendance is mandatory; roll will be taken. Beepers and cell phones must be turned off during class. Be prepared to participate. Conflict Management/Dispute Resolution and Counseling are interactive professions. Professional respect and courtesy are expected at all times. Do not engage in side-discussions during class as this distracts the instructor and fellow students.

HONOR CODE

Students are reminded of the SMU Honor Code as referenced in the Student Hand Book. Intellectual integrity and academic honesty are both the foundation and the goals of this program. Please reference and review the university policies on the responsibilities, policies, and penalties regarding academic honesty. http://www.smu.edu/studentlife/PCL_05_HC.asp

NOTIFICATION OF ABSENCE DUE TO RELIGIOUS HOLY DAY(S)

Students who will be absent from class for the observance of a religious holiday must notify the instructor in advance. Please refer to the Student Obligations section of the university catalog for more explanation. You are required to complete any assignments or take any examinations missed as a result of the absence within the time frame specified by your instructor.

DISABILITIES ACCOMMODATIONS

Students needing academic accommodations for a disability must contact Ms. Rebecca Marin, Coordinator of Services for Students with Disabilities (214-768-4557) to verify the disability and establish eligibility for accommodations. They should then schedule an appointment with the professor to make appropriate arrangements.

ADD /DROP POLICY

If you are unable to complete this course, you must officially withdraw by Friday, August 15, 2008. Last day to Add/Drop regular courses without a grade record or Billing. Withdrawing is a formal procedure which you must initiate; your instructor cannot do it for you.

FINANCIAL AID STATEMENT

Students who are receiving any form of financial aid should check with the Financial Aid Office prior to withdrawing from classes. Withdrawals may affect your eligibility to receive further aid and could cause you to be in a position of repayment for the current semester. Students who fail to attend or participate are also subject to this policy.

To apply for financial aid at SMU, students must complete FAFSA (Free Application for Federal Student Aid) on the web at http://www.fafsa.ed.gov .

Statement on Confidentiality and Emotional Safety:

In order to provide a safe learning environment for students in the class and to protect the confidentiality of practice clients and class members, students will discuss case material and other’ personal information, reactions etc. only while in class or privately with other current class members It is the responsibility of each class member to treat classmates with respect and integrity, thus providing emotional safety for each other during class activities. Failure to do so can result in termination from the department.

SMU Policy

Refer to the www.smu.edu or the Dispute Resolution and Conflict Management Program office in Suite 3-118 for questions or information regarding SMU policies and procedures.

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SMU Fall 2009 Emergency Preparedness Syllabus Insert:

As part of the federal government response to the H1N1 (Swine Flu) virus, the Department of Health and Human Services issued a nationwide public health emergency preparedness declaration on April 26^th, 2009. The declaration was renewed on July 23, 2009 and is currently in force. For the semester ahead, there is concern that the level and intensity of flu cases could increase substantially.

1) For updates on the campus-wide status of flu conditions at SMU, please visit http://www.smu.edu.

2) If flu conditions require cancellation of a class session or other changes for this course, an email will be sent to all class members.

3) In the event of a major campus emergency at SMU, course requirements, deadlines and grading percentages are subject to changes that may be necessitated by a revised semester calendar or other circumstances beyond the instructor’s control.