Alternative Dispute Resolution

Class Unique: 29097
ALTERNATIVE DISPUTE RESOLUTION (3 HOUR COURSE) As the costs of litigation and the dockets of courts continue to increase year after year, parties, judges, and lawyers look more and more to alternative dispute resolution. Whether the parties are compelled to do so by a court or whether they simply choose to do so, more often than not, litigation will include—or be converted into—some fore of alternative dispute resolution. Less than 1% of civil lawsuits are resolved by a jury trial This course will explore some of the 99% of alternative approaches, including: Negotiation No one will doubt the importance of negotiating skills to the practicing lawyer: Most "cases" that are filed are ultimately settled, and lawyers negotiate more often than they try cases, draft documents, or exercise any other single lawyering skill. So there is increasing recognition that negotiation is a special field in which it is possible to acquire special competence. Third-Party Intervention in Dispute Settlement Mediation The use of third parties to help in dispute settlement; techniques of mediation; how attorneys can use mediation to obtain better settlements. Arbitration "Private judging" in the form of arbitration is commonplace in many domestic commercial and labor disputes---in many industries litigation is practically unknown because agreements to arbitrate future disputes are always used. Arbitration is also universal as a method of dispute resolution in international transactions between parties of different nationalities, and it is being increasingly used in the consumer and employment area. This segment will discuss the law and practice of private agreements that remove disputes from the judicial system, as well as variations such as "Rent-a-judge" programs. "Hybrid" Dispute Resolution Devices Innovative methods to promote settlement and streamline litigation: E.g., the "mini-trial" or the "summary jury trial," The course will be taught not only through traditional “lectures” but also a number of practical exercises in the form of simulated negotiations and mediations, in an attempt to illustrate and enable students actually to become familiar with the various dispute resolution techniques. The course is intended to provide a broad foundation in alternative dispute resolution for students from whom this class constitutes their only exposure to the field---but it is also useful as an introduction for students who plan to go on to take specialized ADR courses like Negotiation, Mediation, and Arbitration. It is open to all Law students as well as to graduate students in other disciplines.

Class Details

Meeting Days Time Location
Monday 8:10 - 9:00 am JON 5.206/7
Wednesday 8:10 - 10:00 am JON 5.206/7

Examination information not available

Additional Information

Course Type
Grading Method
Pass/Fail Not Allowed
Satisfies ABA Professional Skills Requirement