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Course Descriptions

Course Descriptions

ADR Clause Drafting (Fall 2019)

  • Course Number: LAW-822
  • Class Number: 03578
  • Instructor: Justin Hoyt

Course Description

Co-taught with Janine Sperandeo jsperandeo@law.usc.edu

Alternative dispute resolution (“ADR”) is a pragmatic means of addressing and efficiently resolving disputes in lieu of conventional trial practice methods.  One of ADR’s most valuable features is that it provides parties and their counsel with more (arguably, unlimited) “choice” regarding the management and resolution of potential and existing disputes. 

ADR should be carefully considered and utilized by transactional lawyers in negotiating and drafting contracts in contemplation of potential disputes.  ADR should also be well understood by litigators handling actual disputes. When negotiating and crafting an ADR agreement, it is crucial to understand that using “generic” ADR language may be less than ideal.  In this regard, careful, effective practice requires the design and implementation of an ADR process that suits the particular needs and context of the parties and appreciates the potential unanticipated consequences of a contemplated business transaction or actual dispute, as well as the nature of the parties and their relationship.

This course teaches students essential skills to identify, negotiate, draft and interpret specific ADR clauses and agreements with respect to contemplated business transactions, and pre- and pending-dispute scenarios. 

Course Details

  • Unit Value: 1
  • Grading Options: CR/D/F Only
  • Writing Requirement: No
  • Skills/Experiential Unit Requirement: Yes
  • Participation: Required and graded
  • Enrollment Limitation: 25 students