ADR Ethics

The ethical infrastructure of ADR is emerging and evolving. Critical and complex issues relating to various aspects of ADR processes are coming to the foreground at an increasing rate. This course will examine the many ethical issues arising in negotiation, mediation, arbitration and other ADR processes from the viewpoint of the neutral and the lawyer as advocate. Both domestic and international developments will be covered. The course will also explore the lawyer's role in advising clients of ADR options and the role of provider organizations.

Advanced Negotiations and Mediation

This course explores the theoretical, ethical and practical aspects of negotiating and mediating transactions and disputes in the U.S. legal system. Particular emphasis is devoted to the ethical implications of a lawyer’s behavior in negotiation and mediation. By participating in simulated problems, self-critique and by receiving instructor feedback, students will advance their knowledge of the negotiation and mediation processes while enhancing their skills in these areas.

Alternative Dispute Resolution

In this course, students examine the variety of dispute resolution processes that are currently used by lawyers, the judiciary and others in the United States. Students study the theory of both litigation and non-litigation dispute resolution processes. Simulated exercises involve negotiation and other alternative dispute processes, such as mediation and arbitration.

Arbitration and Practice Seminar

In this arbitration practicum, students will be introduced to and have the opportunity to develop practical skills with broad application in the legal environment. The seminar will provide a broad and in-depth treatment of the practical aspects of arbitration from beginning to end. Topics covered will include: arbitration advocacy, conducting client conferences, negotiation and settlement, and preparation of a case for arbitration, with a focus on discovery in arbitration, the making of motions in arbitration, dealing with expert reports and witnesses, approaches taken to presenting the testimony of witnesses and documentary evidence, the conduct of hearings from the standpoint of an advocate and through the eyes of a neutral, the use of oral arguments, pre- and post-hearing submissions, and the preparation of an arbitration award and its various forms.

Commercial Arbitration

This course deals with the law and the practice of public and private arbitration in the United States and its place in the legal system as an alternative method of dispute settlement. Included is a study of commencing arbitration, notice, choosing arbitrators, the hearings, enforceability of agreements and awards, the relationship of federal and state arbitration laws, and selected problems in compulsory labor, international, commercial, and uninsured motorist arbitration. Emphasis is placed on the areas of actual use from legal practitioner’s point of view.

International and Inter-Ethnic Conflict Resolution

The course will review the law and practice of international commercial arbitration as one of the key approaches to international alternative dispute resolution, including international institutions, such as the International Chamber of Commerce ("ICC"), how and whether to choose arbitration, the drafting of arbitration clauses, the question of what is arbitrable, the commencement of arbitral proceedings, staying court proceedings, selection of arbitrators, provisional relief, discovery and production of evidence, witnesses and procedure, applicable law issues, the writing of awards, and enforcement of and challenges to awards. In addition to cases and commentary, the basic documents to be examined, including their application, are the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, the United Nations Commission on International Trade Law ("UNCITRAL") Arbitration Rules and UNCITRAL Model Law, the International Arbitration Rules of the International Centre for Dispute Resolution ("ICDR") of the American Arbitration Association, and the London Court of International Arbitration ("LCIA") Rules. There will also be emphasis on arbitration of international investment disputes, including arbitration at the International Center for the Settlement of Investment Disputes ("ICSID") and NAFTA.

Labor and Employment Arbitration

This course will provide a comprehensive look at the world of labor and employment arbitration -- its history, procedures, laws, ethics and practice, with a specific focus toward labor arbitration. This course will address arbitration topics such as discipline and discharge, contract interpretation and due process issues through a wide diversity of materials including judicial decisions and arbitration awards.

Mediation and Lawyers

This course examines the role of the lawyer in the mediation process, Through use of lecture, discussion, video and role-playing, students will strengthen their knowledge of these fundamental topics:

• The decision to mediate
• Selection of a mediator
• Pre-mediation submissions
• Negotiation techniques
•  Preparation for and representing the client's broad range of interests at mediation
•  Confidentiality
•  Lawyer and mediator ethics
•  Court-annexed mediation programs
•  The mediation process.

Negotiating Deals, Resolving Disputes

This course provides a realistic approach to the negotiating skills that are paramount to every lawyer's practice. Course materials include practical readings and a teaching videotape. Students will have opportunities to engage in live negotiating sessions to test their skills.