The Alternative Dispute Resolution (ADR) Law and Policy: Arbitration and Mediation course provides an overview survey of dispute resolution, primarily domestic and will include some interactive simulations and activities. The course will begin with an introduction to the full spectrum of dispute resolution options, 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.
Following this, students will then turn to the study of negotiation, focusing on the foundations and strategies of effective negotiation. The class will then move to the study of mediation, including the processes of mediation, the role, goals, styles, and skills of mediators, as well as the representation of clients during the mediation process. The third segment of this course will focus on arbitration, including the structuring of arbitration agreements as well as the legal framework supporting arbitration. We will also touch on other dispute resolution processes, including the interactive process for reasonable accommodation requests and factfinding. We will also explore ways of combining ADR processes to match the process to the dispute. Each segment will also include a discussion of the applicable ethical standards and applicable rules.