LAW 690LEC - Alternative Dispute Resolution

Alternative Dispute Resolution, which refers to the out-of-court resolution of disputes using a neutral third party, is a proven, cost-effective and time-efficient alternative to the traditional litigation process. The national and regional trend toward the use of ADR is gaining broad acceptance in both the business and legal communities, particularly through the use of mediation and arbitration. ADR programs are in use throughout the court system. They are especially important in light of crowded court dockets. The course starts with an overview of conflict, and the various forms of ADR, including negotiation, mediation, arbitration, neutral evaluation, mini-trials, and summary jury trials. Next, we explore the substantive law governing agreements to arbitrate, including the Federal Arbitration Act (FAA), 9 U.S.C. 1-16 and Article 75 of the N.Y. CPLR, as well as procedures for enforcement of awards in arbitration. Throughout the course, we will emphasize practical application, including counseling clients in determining whether and when to select ADR, drafting ADR agreements, negotiating skills and techniques, representing clients in ADR proceedings, selecting arbitrators or mediators, and conducting mediation and arbitration proceedings. Students will develop mediation advocacy skills that will have broad application to law practice. Students will learn about and practice mediation and arbitration skills. They will conduct role-plays based on real-life cases or scenarios. Students will have the opportunity to not only apply those skills, but also offer and receive constructive feedback.

Credits: 3