Alternative Dispute ResolutionClass Term:
Fall Term 2020-2021Catalog Number:
3 (3 Contact, 0 Field)Graduation Requirements:
Limited Enrollment - 3rd Year PriorityFull Year Course:
The course will offer students a theoretical grounding in conflict resolution and communication skills, as well as experiential practice in various alternative dispute resolution processes. This is an interactive class, and students will perform a variety of in-class simulations and exercises to develop and hone skills in listening, problem-solving, negotiating, and mediating. Class participation is essential to this class.
The grade for the class will be based on class discussion and participation in exercises (25%); a semester long journal based on readings and reflection (25%); an arbitration observation and accompanying essay (25%); and a law review critique paper (25%).
Legal and other disputes are increasingly resolved by dispute resolution processes other than litigation. Given this trend, it is important for law students to be familiar with these alternative processes, such as arbitration and mediation, and the benefits and risks they present. At the same time, these alternative processes require creative and interdisciplinary problem-solving perspectives and skills. This course begins with an overview of problem-solving approaches, and is followed by the study of arbitration, mediation, and hybrid processes. The course emphasizes interactive student discussion and activities, including role-plays, exercises, and presentations that simulate professional activities of lawyers, arbitrators, mediators, and clients. The classes build on each other, so that knowledge that we acquire in the earlier classes will be integrated into our materials, discussion, and activities in later classes.