About USC Gould
USC Gould is a top-ranked law school with a 115-year history and reputation for academic excellence. We are located on the beautiful 228-acre USC University Park Campus, just south of downtown Los Angeles.
Learn about our rigorous and interdisciplinary curriculum, our invaluable experiential learning opportunities, and the breadth and depth of our specialized areas of concentration and certificate offerings.
Participate in an unparalleled learning experience with diversity of people and thought. Get involved in the law school community and participate in activities that enhance your studies.
We work closely with students, graduates and employers to support successful career goals and outcomes. Our overall placement rate is consistently strong, with 94 percent of our JD class employed within 10 months after graduation.
Our faculty is distinguished for its scholarship, as well as for its commitment to teaching. Our 12:1 student-to-faculty ratio creates an intimate and collegial learning environment.
- Alumni and Giving
Alumni and Giving
The global Trojan network of more than 10,000 law alumni and donors include recognized leaders in numerous fields who are deeply committed to supporting student and law school success.
- + AREAS OF CONCENTRATION
- ALTERNATIVE DISPUTE RESOLUTION
- BUSINESS LAW
- MEDIA, ENTERTAINMENT AND TECHNOLOGY LAW
- PUBLIC INTEREST LAW
- + EXPERIENTIAL LEARNING
- UNDERGRADUATE COURSES AND PROGRAMS
- CORPORATE AND CUSTOM EDUCATION
- + NON-DEGREE PROGRAMS
- ACADEMIC CALENDAR
- COURSE DESCRIPTIONS
- BAR ADMISSIONS
ADR Clause Drafting (Fall 2019)
- Course Number: LAW-822
- Class Number: 03577
- Instructor: Richard Chernick
Co-taught with Jules Kabat; email@example.com
Alternative dispute resolution (“ADR”) is an efficient and pragmatic means of planning to address and resolve, and subsequently addressing and resolving, disputes. ADR should be carefully considered and utilized by transactional lawyers to be part of a transaction contract to govern potential disputes and by trial lawyers to govern actual disputes. When negotiating and crafting an ADR agreement in either instance, it is essential to understand that merely sufficient generic ADR language may be less than ideal, and that doing so instead should be an opportunity to design and define a process particularly suiting the context and needs of the parties. Careful lawyers should identify and draft recognizing anticipated, and the potential for unanticipated, consequences of a contemplated business transaction or actual dispute and the nature of the parties and their relationship. This course teaches students essential ADR skills to identify, negotiate and draft specific to a contemplated business transaction or actual dispute.
Course Requirements & Guidelines
Class Preparation and Participation
Class discussion will commence with the assumption that everyone is thoroughly familiar with the assigned materials and is prepared to participate in discussions in a professional manner.
Attendance and Classroom Behavior
Regular and punctual attendance is expected of all students. Please note that all communication and entertainment devices such as cell phones, iPods, and iPads are to be turned off and kept off throughout the class session. However, students are permitted to take notes on laptops during class.
There will be several written exercises, some in-class and some take-home. These exercises, together with class attendance and active and meaningful contributions to class discussion, will provide the basis for the final grade.
III. Course Outline
Class 1: Introduction to Clause Drafting
The Origins of Disputes (Ch. 1 of Folberg & Golann Mediation casebook:
Why ADR? – A theory of Dispute Resolution)
The Dispute Resolution Landscape
Court-hosted settlement conference
Contrast mediation and settlement conference
Early neutral evaluation (ENE)
Contrast ENE, settlement conference, mediation
Non-binding arbitration; compare to mediation (mediator proposal)
Contrast arbitration and trial
Ways in Which Parties may Direct Process Choices
Pre-dispute transactional examples
Embedded fora (e.g. uninsured motorist arbitrations prescribed by Cal. Ins. Code)
Process mediation (“guided choices”)
Dispute design as a concept
Written Exercise (based on hypothetical case distributed in class)
Finalize your clause and send to firstname.lastname@example.org
PLEASE BRING TO CLASS 2 AN ADR CLAUSE YOU RECENTLY SIGNED AND BE PREPARED TO DISCUSS WHAT IT IS YOU AGREED TO
Class 2: Drafting Pre-dispute Clauses
Deconstructing an ADR Clause: (PowerPoint):
Scope of arbitration
Parties to arbitration agreement
Institutional v. non-administered arbitration
Choice of rules
Sole arbitrator v. tripartite arbitration panel
Fees and costs
“Bells and whistles”
Consumer arbitrations (legal differences)
Your Imbedded ADR Agreement
Exercise (negotiation and drafting of a term sheet)
A hypothetical case will be provided – teams of two will negotiate and draft a “term sheet” with another team for the dispute resolution provision to be included in a transactional document
Odd numbered teams represent “Century”
Even numbered teams represent “Redmonds”
First Discussion of Submission Agreements
Differences from pre-dispute clauses
Range of process elements
For class 3: Draft (on your own) the clause that you negotiated in your term sheet. (It will be discussed in Class 3). Send to email@example.com
Class 3: Drafting Post-Dispute Submission Agreements
Debrief Class 2 Clause Drafting Exercise
Review process elements of a post-dispute submission agreement
Hypothetical case (discussion)
Hypothetical case (exercise)
Homework/Final – draft (on your own) a Submission Agreement based on the hypothetical case (to be distributed at the end of class). Send the completed clause to firstname.lastname@example.org
- Unit Value: 1
- Grading Options: CR/D/F Only
- Schedule: 9/14, 9/21 9/28 9:00 am - 1:00 pm
- Exam: None
- Writing Requirement: No
- Skills/Experiential Unit Requirement: yes
- Participation: Required and graded
Start the online application process.
Schedule a Tour
Come experience life at USC Gould.
Visit a Classroom
Sit in on a real class session.
Request More Information
Download or request a copy of our informative viewbook by postal mail.
Check Application Status
Check your application status online.
Meet your JD student ambassadors.
Admitted Students Portal
Log in to our admitted students portal.
Still have questions? Let us help.