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ADR6405.Ahttp://portal.vermontlaw.edu/Metacatalogs/Lists/Classes/DispForm.aspx?ID=1195ADR6405.AArbitrationMcCormack,Beth40.0000000000000<div>This course is designed to familiarize students with the legal issues surrounding the arbitration process. Arbitration is an efficient, expeditious, and (sometimes) lower-cost alternative to litigation that is growing in popularity. Many areas of law commonly use arbitration, including securities regulation, commercial law, employment law, medical malpractice, and construction law. This course examines the nature of the arbitration process, rules governing hearings, and the relationship between arbitration and the court system. Students will study issues surrounding the enforceability of agreements to arbitrate, defenses to arbitration clauses, and judicial review of an arbitration award. Students will also learn how to read and draft arbitration provisions. This class will provide students with a thorough understanding of arbitration law and a solid foundation for legal practice, whether in alternative dispute resolution tribunals or in the civil justice system.</div> <div> Method of evaluation: class participation, occasional in-class exercises, and a take-home final examination. </div>2.00000000000000GP0|#5035a800-df31-43b2-8eaf-589758e7f542;L0|#05035a800-df31-43b2-8eaf-589758e7f542|Fall 2015;GTSet|#ff5002fa-8399-4824-8dd4-231cdb4e3288;GPP|#938af55b-fbb1-40e4-b7f1-59a1714ca81bW 3:35 - 5:15pm1195
ADR6410.Ahttp://portal.vermontlaw.edu/Metacatalogs/Lists/Classes/DispForm.aspx?ID=1239ADR6410.AAlternative Dispute ResolutionVogel,Joan16.0000000000000<div>This class presents the theory and practice of negotiation, mediation, and arbitration that constitute the foundation of alternative dispute resolution (ADR). This survey course focuses on the theory and practice of these techniques that are used as alternatives or as additions to formal litigation. Students will examine the different theories, approaches and the wide range of issues (e.g. legal, economic, sociological, moral, ethical, psychological, political to name a few) that arise in the selection and application of these dispute resolution techniques. In addition to classroom discussion, students will participate in simulation exercises in order to engage the different techniques as a neutral, an advocate and a disputant.</div> <div> Students cannot take this course and Environmental Dispute Resolution or ADR & the Environment.</div> <div> Method of evaluation: Class participation and papers. </div>3.00000000000000GP0|#5035a800-df31-43b2-8eaf-589758e7f542;L0|#05035a800-df31-43b2-8eaf-589758e7f542|Fall 2015;GTSet|#ff5002fa-8399-4824-8dd4-231cdb4e3288;GPP|#938af55b-fbb1-40e4-b7f1-59a1714ca81bW 2:10 - 5:15pm1239
ADR6413.Ahttp://portal.vermontlaw.edu/Metacatalogs/Lists/Classes/DispForm.aspx?ID=1410ADR6413.AMediation AdvocacyPowers,Donald<div>Meeting times:  Friday:  February 5th and Saturday, February 6th; Friday, February 19th and Saturday, February 20th.</div><div> </div><div>Working with a mediator to help clients resolve cases is an essential skill for the modern lawyer.  Mediation Advocacy will allow students to examine the theory and practice of how to be effective advocates for their clients in the mediation setting.  Students will develop this competency by exploring the various models of mediation.  The course will take students through all aspects of client representation, from counseling regarding ADR methods, selecting cases for mediation, selecting a mediator, writing mediation briefs and agreements, pivotal legal issues, and effective advocacy in the mediation session.  This course will rely heavily on role-plays to practice many of the skills needed to effectively represent a party in mediation.</div><div> </div><div>Classroom time will consist of lectures, discussion, role-play and critique.  <br></div>2.00000000000000GP0|#f98844b7-83b3-454b-b01d-8aaf56f6953f;L0|#0f98844b7-83b3-454b-b01d-8aaf56f6953f|Spring 2016;GTSet|#ff5002fa-8399-4824-8dd4-231cdb4e3288;GPP|#938af55b-fbb1-40e4-b7f1-59a1714ca81bS 8 - 6:30pm, F 2:10 - 6:30pm1410
ADR6415.Ahttp://portal.vermontlaw.edu/Metacatalogs/Lists/Classes/DispForm.aspx?ID=1386ADR6415.AEnvironmental Dispute ResolutionNolon,Sean<div>Resolving environmental disputes is notoriously difficult.  These conflicts involve multiple parties, complicated factual matters and typically resist simple solutions.  In this course, students will explore these characteristics, investigate the full range of processes available to manage environmental disputes and assesses relevant policy and practical considerations of process selection.  Over the course of the semester, we will compare the use of adversarial and collaborative processes in environmental disputes and explore the advantages and disadvantages of different approaches.  We will rely heavily on simulations to explore theories and build the skills needed to be effective environmental negotiators.  Through this course you will develop an understanding of how to create an effective problem-solving climate that will meet your client’s needs.</div><div> </div><div>Method of evaluation is class participation, quizzes and a final exam<br>AWR-No<br></div>3.00000000000000GP0|#f98844b7-83b3-454b-b01d-8aaf56f6953f;L0|#0f98844b7-83b3-454b-b01d-8aaf56f6953f|Spring 2016;GTSet|#ff5002fa-8399-4824-8dd4-231cdb4e3288;GPP|#938af55b-fbb1-40e4-b7f1-59a1714ca81bT 3:35 - 5:15pm1386
ADR6415.Ahttp://portal.vermontlaw.edu/Metacatalogs/Lists/Classes/DispForm.aspx?ID=1446ADR6415.AEnvironmental Dispute Resolution<div>This course explores the characteristics of environmental disputes, examines alternative dispute resolution processes (including mediation, arbitration, negotiated rulemaking, 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 students should be prepared to actively engage in each class session.</div> <div><strong>This course is approved for JD Credit.</strong></div>GP0|#c0553288-991c-4622-9da2-6fbff354eb40;L0|#0c0553288-991c-4622-9da2-6fbff354eb40|Fall 2015 - 2 DL;GTSet|#ff5002fa-8399-4824-8dd4-231cdb4e3288;GPP|#938af55b-fbb1-40e4-b7f1-59a1714ca81bOct. 27 – Dec. 14, 20151446
ADR6415.Ahttp://portal.vermontlaw.edu/Metacatalogs/Lists/Classes/DispForm.aspx?ID=1462ADR6415.AEnvironmental Dispute Resolution<div>This course explores the characteristics of environmental disputes, examines alternative dispute resolution processes (including mediation, arbitration, negotiated rulemaking, 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 students should be prepared to actively engage in each class session.</div> <div><strong>This class is approved for JD Credit.</strong></div>GP0|#f1ef7083-e1ee-457b-bdad-2d47bc3270de;L0|#0f1ef7083-e1ee-457b-bdad-2d47bc3270de|Spring 2016 - 2 DL;GTSet|#ff5002fa-8399-4824-8dd4-231cdb4e3288;GPP|#938af55b-fbb1-40e4-b7f1-59a1714ca81bMarch 8 – April 25, 20161462
ADR6420.Ahttp://portal.vermontlaw.edu/Metacatalogs/Lists/Classes/DispForm.aspx?ID=1196ADR6420.ANegotiationPowers,Donald24.0000000000000<div>Meeting times:  Fridays:  October 2 & October 16; 2:10-6:30. Saturdays: October 3 and October 17; 8:00-6:30.</div><div> </div><div>This course will  explore what it means to be an effective negotiator, and the tools needed to improve on this important life skill.  Students will be expected to learn and apply theories from a broad range of disciplines including law, economics, psychology, sociology and management.  These theories will be discussed and debated in class discussions and practiced through highly interactive simulations.  The course examines the dynamics, constraints, and patterns of effective negotiation.  It focuses equally on the use of negotiation in deal-making and dispute resolution.  We will conduct simulations in a variety of contexts.  We will explore how dynamics change when moving from two-party to multi-party negotiations, the added complexity of effectively representing parties in negotiations, and how ethics should influence our behavior.  Readings will need to be completed ahead of time and a final project will be completed after classes.<br> <br>Satisfies skills requirement.<br>JD/MELP:  Alternative Dispute Resolution.<br>Method of Evaluation: Performance in simulations, participation in class and a final negotiation (Does not satisfy AWR)<br>This is a limited enrollment course (24)<br></div><div> </div><div> </div>2.00000000000000GP0|#5035a800-df31-43b2-8eaf-589758e7f542;L0|#05035a800-df31-43b2-8eaf-589758e7f542|Fall 2015;GTSet|#ff5002fa-8399-4824-8dd4-231cdb4e3288;GPP|#938af55b-fbb1-40e4-b7f1-59a1714ca81bS 8 - 6:30pm, F 2:10 - 6:30pm1196
CLI9405.Ahttp://portal.vermontlaw.edu/Metacatalogs/Lists/Classes/DispForm.aspx?ID=1424CLI9405.ADispute Resolution Clinic IBarone,Robin<div>This clinical offering trains students to mediate. While training, students observe and will later conduct mediations in various Vermont and New Hampshire courts. The course begins with <br>an intensive skills session in the form of a day-long training session scheduled for Monday, January 4th  before the start of spring classes. Attendance at this session is MANDATORY. Students interested in taking the course MUST attend the Monday session. No exceptions can be made. </div><div>There will also be one Saturday training session, presently scheduled for January 23rd. This session is also mandatory. Weekly seminars will focus on course readings regarding conflict theory, mediation techniques, litigation strategies, public policy and social justice issues, as well as ethical and licensing concerns. A portion of each class will be devoted to clinic-style rounds, enabling students to present the cases they have observed or mediated for discussion and feedback.  Students will be asked to analyze mediation practice and conflict theory from the various perspectives of mediator, attorney advocate, parties and client. Professor Barone administers small claims mediation programs in two New Hampshire courts (Lebanon District Court and Littleton District Court): students will be able to observe and later mediate in those courts. (Vermont small claims court mediation programs are currently suspended for budgetary reasons.) Professor Barone will also arrange shadowing opportunities with practicing Vermont attorney-mediators, so that the students can observe civil mediations at the Superior Court level.  Students will need to provide their own transportation to and from the various courts throughout Vermont, and/or to Lebanon NH and Littleton NH.<br> <br>Satisfies skills requirement.<br>Method of evaluation:  Pass/Fail; AWR-No.<br></div>4.00000000000000GP0|#f98844b7-83b3-454b-b01d-8aaf56f6953f;L0|#0f98844b7-83b3-454b-b01d-8aaf56f6953f|Spring 2016;GTSet|#ff5002fa-8399-4824-8dd4-231cdb4e3288;GPP|#938af55b-fbb1-40e4-b7f1-59a1714ca81bM 8:30 - 10:10am1424