Course Description
In a world of settlement, this course prepares students to effectively represent clients through an understanding of the design and strategic election between ADR processes, and development of best practices as counsel in each process. Both private processes (arbitration, negotiation, mediation) and public tribunals (domestic and international) are studied.
Additional Requirements for Graduate Students:
Graduate law students will be required to demonstrate mastery
of the material through an applied project not required of the
Juris Doctor students. Graduate law students are primarily
international lawyers seeking expertise in the American legal
system. This expertise is gained through exposure to Juris
Doctor courses in which they will be required to perform more
extensive reading and research.
Athena Title
DISP RESO SYST DESI
Semester Course Offered
Offered spring
Grading System
A - F (Traditional)
Course Objectives
Students will become familiar with the range of public and private ADR processes, with a particular emphasis on election between ADR regimes and best practices for each regime.
Topical Outline
Topics covered include: 1. Arbitration – enforcing and challenging arbitration agreements, conduct of the arbitration, enforcing or challenging domestic and foreign awards, class/ multi-party arbitration 2. Mediation (as counsel, not as the mediator) 3. Negotiation 4. Med-arb and Medaloa; mini-trials, early neutral evaluation, and sampling 5. Domestic Public ADR Mechanisms – reg-neg; sports arbitration; domestic compensation funds 6. International Public ADR Mechanisms – international claims tribunals and commissions