This is a survey of dispute resolution, primarily domestic, but with some comparisons to international arbitration. The course will begin with an introduction to the full spectrum of dispute resolution, including negotiation, mediation, arbitration, litigation and hybrid processes. We will review the ways in which the processes differ, and discuss how to identify the best process for a particular dispute. Students will turn to the study of negotiation, with a focus on the foundations of effective negotiation and strategies of negotiation, and then move to the study of mediation, including the processes of mediation and representing clients during mediation. The third segment will study arbitration, including structuring of arbitration agreements, and the legal framework supporting arbitration. Finally, we will explore ways of combining ADR processes to match the process to the dispute. Each segment will include a discussion of the applicable ethical standards and applicable rules.
