Courses

This seminar provides an opportunity to explore emerging issues in dispute resolution through research and writing. The goal is to produce a publishable quality article. 

This course presents the theory and practice of arbitration, negotiation, mediation and other processes placed under the umbrella of alternative dispute resolution. This survey course focuses on the theory and practice of dispute resolution as either an alternative or an addition to formal litigation. Students will study the legal, sociological, and ethical issues in dispute resolution and apply them in simulation exercises designed to explore the three major types of alternative dispute resolution.

Examines the nature of the arbitration process, rules governing hearings, the relationship between arbitration and the court system, the enforceability of agreements to arbitrate,  and judicial review of arbitration award.  This course also explores the controversial areas of arbitration such as requiring arbitration in employment and consumer contracts.

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Trains students to mediate disputes through participation in local court mediation programs.  Weekly seminars focus on conflict theory, mediation techniques, litigation strategies, public policy and social justice issues, as well as ethical and licensing concerns. A portion of each class devoted to clinic-style rounds, enabling students to present the cases they have mediated for discussion and feedback. 

Explores the range of processes that are used to resolve environmental disputes with particular emphasis on consensual processes such as negotiation and mediation.  Instruction will be based on lectures and discussions of the theory of dispute resolution and environmental law and simulations to practice the skills needed to resolve environmental disputes.

This course explores the characteristics of environmental disputes, examines alternative dispute resolution processes (including mediation, arbitration, negotiated rule-making, and facilitation), and assesses relevant policy and practical considerations in selecting the most effective method of resolving environmental disputes. A major theme of this course will be to compare the advantages and disadvantages of adversarial and collaborative approaches in environmental conflicts, including ones involving environmental regulation and compliance, remediation of contaminated property, land use, and climate change. This course will use simulations to explore a range of dispute resolution processes, and the role of impartial third parties and lawyers in these processes. The instructor will use numerous case studies and their extensive experience as environmental mediators and facilitators. Students should be prepared to actively engage in each class session. Students cannot take this course and Negotiating Environmental Agreements in the Summer Session. Environmental Law and Administrative Law are recommended, but not required.

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Explores the key legal and practical issues encountered when resolving international commercial disputes through arbitration.  Includes a  critical review and discussion of relevant treaties, statutes, rules, institutions, national and international cases, and awards; addresses the more global question concerning the advantages and disadvantages of arbitration as a method of dispute resolution.

Examines the nature of mediation and explores theoretical and practical aspects of the process. The course analyzes each component of the mediation process and provides students with the opportunity to apply theories and skills in simulation exercises.

 Syllabus

A hands-on introduction to the theory and practice of negotiation.  Explores the tension that is created in every negotiation between cooperating to create value with the other side and competing to claim value against the other side.  While there is a lecture component of this course, instruction relies heavily on the use of simulations.