Alternative Dispute Resolution

ALTERNATIVE DISPUTE RESOLUTION (3 HOUR COURSE) Alternative dispute resolution has now overtaken the courtroom trial as a leading method of litigation. Whether the parties are compelled to do so by a contract or court order, litigation will include—or be converted into—some form of alternative dispute resolution. Less than 1% of civil lawsuits are resolved by a jury trial.  This course will explore how the other 99% are resolved, including: (1) Negotiation.  Virtualy all cases 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 lawyers must be great as negotiators. (2) Mediation. The use of third parties to facilitate settlement; techniques of mediation; how attorneys can use mediation to obtain better settlements.  Many courts require mediation in every civil case, including family law cases.  (3)  Arbitration. "Private judging" in the form of arbitration is commonplace in many domestic commercial, employment, securities, and labor disputes---in many industries mandatory 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. 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. (4) Hybrid Dispute Resolution Devices. Innovative methods to promote settlement and streamline litigation include the "mini-trial" or the "summary jury trial." The course instructor is an experienced trial, appellate and ADR lawyer.  The class will follow both lecture and ADR exercises -- practical exercises in the form of simulated negotiations and mediations, to illustrate and enable students actually to become familiar with the various dispute resolution techniques. Class participation is mandatory to pass the course -- you need to speak up, in other words.  Please note:  Electronic devices are not permitted except during your exercises.  Students may only miss ONE class per semester.


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Class Details

Meeting Days Time
Wednesday, Thursday 2:15 - 3:30 pm
Exam Type Date Time Alpha Range Room
None

Additional Information

Course Type
Grading Method
Pass/Fail Not Allowed
Will use floating mean GPA if applicable
Features
Satisfies ABA Professional Skills Requirement

Textbooks

  • No materials required