LAW 898LEC - Private Sector Adr

This course provides an overview of legal and practical considerations for Alternative Dispute Resolution, primarily arbitration, in commercial and consumer private sector disputes, and in enforcement of statutory rights and remedies. The emphasis is on contractual ADR, including factors in drafting and negotiating ADR agreements, specifying or limiting available remedies, interplay with statutory and case law, third-party administration, court involvement before and during proceedings, legal issues in confirming or setting aside awards, and recent developments and controversies in case law, such as applying the principle of manifest disregard of the law to arbitration awards, and enforcement or voiding of contractual class action waivers in consumer, employment, and other contracts with arbitration provisions. While there will be some discussion of international ADR, domestic proceedings and laws, with emphasis on New York law, are the focus of the course. It is not a course on techniques for presenting or defending claims, witnesses, and proof in proceedings, as there simply is not enough available class time, but there will be discussion of procedural processes. In addition to class lectures and discussion of selected statutes, articles, cases, and alternative forms of agreements, there will be a take-home writing assignment distributed in the last class session, comprising either short essays, short-answer questions, or a combination of both, in any event limited overall to six pages, due by the last day of the final exam period for the Bridge Course session.

Credits: 1