In Professor Wendi Ross’ online ADR Law and Policy class, students learn the basics of the increasingly important field of dispute resolution. In the Q&A below, she shares how her class will touch on everything from the familiar — like negotiations, mediation, and arbitration — to the more innovative methods such as private judging, conciliation and mini-trials, to provide a comprehensive understanding of how conflicts can be resolved outside the courtroom.
Tell us about the course you teach at USC Gould, LAW 715: ADR Law and Policy
This course offers students an introduction to the concepts of alternative dispute resolution (ADR) and how they are utilized in real-world events. Together, we’ll explore the fundamentals of common ADR methods like mediation, arbitration and even negotiation — practical tools used every day to resolve conflicts without heading to court. We’ll also look at some of the newer and more creative approaches, such as judicial and administrative settlement conferences, private judging, mini-trials and conciliation, just to name a few. Whether you are brand new to the topic or looking to deepen your understanding, this course will give you a solid foundation in how ADR works and why it matters.
What makes this course especially exciting is our focus on real-world, high-profile examples to bring these concepts to life. We’ll dive into the negotiation of Shohei Ohtani’s record-breaking contract with the Los Angeles Dodgers, examine the arbitration decision affecting gymnast Jordan Chiles’ Olympic medal outcome, and unpack the U.S. Supreme Court’s rejection of the Purdue Pharma settlement deal.
During the discussion of each type of ADR method, students will focus on several factors including the advantages and disadvantages of each method and whether one type of dispute resolution process is more appropriate or a better fit for the dispute or transaction in question.
Can you tell us about your professional background?
As an advocate for both private and public sector employers and labor unions for over 20 years, I was able to participate in numerous arbitration hearings, mediation sessions and negotiations on behalf of my clients. I found these processes to be much more favorable and advantageous than having a dispute litigated in an administrative hearing or court. I also previously taught an arbitration extension course for three years.
In my neutral capacity as the Deputy General Counsel for the California Public Employment Relations Board (PERB) for close to 17 years, I conducted hundreds of mediation sessions between employers, unions and individual employees. I was also responsible for supervising PERB attorneys in the Office of the General Counsel who also conducted mediation sessions on a regular basis.
Often, we were able to resolve many of the disputes between the parties, serving to strengthen ongoing relationships, cut costs and improve employees’ working conditions. While we were not able to resolve every dispute, the parties were afforded the opportunity to discuss the matter with our professional assistance and determine the best way to proceed regarding the issue(s) in question prior to an administrative hearing. We also mediated disputes during potential strike situations.
Why is it important to understand ADR policy as a professional?
There are numerous situations we encounter as professionals in which ADR practices could be invoked for a mutually beneficial outcome. Here are a few examples of such scenarios:
- When a dispute occurs either within an organization or with an outside supplier/client, it might be ultimately resolved with the assistance of a professional mediator. Having a solid foundation in mediation concepts could be highly advantageous in these circumstances.
- When directed to negotiate an agreement with respect to a specific transaction, having the background and knowledge to perform this task could be very beneficial to reaching a successful agreement.
- When asked to assist with the background research or gathering of documentation in preparation for an upcoming arbitration, it is helpful to understand the types of information that an arbitrator will want in the record to reach a beneficial decision. Performing this type of work is of huge importance to a successful outcome from an arbitrator.
Having the knowledge and skills regarding ADR practices serves not only to bolster our own professional toolbox but also serves to assist others in our workplace become informed as to the advantages of using ADR practices to reach desired outcomes.
Is there anything you would want potential students to know about the coursework and classroom experience?
Many of the examples used during this course are sourced from recent headlines to make the coursework more understandable and relatable to our ever-changing professional environment. It is my hope that these newsworthy events lead to lively discussions with students and a deeper understanding of the many benefits of utilizing ADR practices.
What do you want potential students to know about learning ADR?
The concepts learned during this course will serve them well both professionally and personally. Life is filled with instances of negotiated agreements, disputes that must be resolved and settling matters short of litigation. For example:
- Most individuals have had to negotiate the terms of a rental agreement for an apartment/house, or for the purchase a car. Some may have had to negotiate the terms of the purchase of a home and the applicable mortgage rate.
- Some individuals may have had to go to small claims court to demand a payment of some kind. Often judges will ask if the parties tried to settle the issue in dispute or if court mediation would be of interest.
- Often, there are binding arbitration agreements built into many healthcare benefit plans and electronics purchases. Consequently, if a dispute arises, the consumer is left going to an arbitration hearing where the other side is represented by legal counsel well versed in the subject matter. Going to an arbitration hearing can be very intimidating for most consumers.
All of these life events will benefit from the concepts studied during this course.
Can you share potential career outcomes for students interested in your course’s area of law?
After taking this introductory ADR course, students are encouraged to take more in-depth courses covering negotiation, arbitration and mediation. But even the initial building blocks covered during this course will serve to strengthen the students’ understanding and ability to implement the ADR concepts in their own professional lives. These concepts can serve students well in all types of fields of work and real-life situations.
What you are most looking forward to, in teaching this course at USC Gould?
I am personally looking forward to meeting the students taking this course and engaging with them in a variety of in-depth discussion sessions and practical assessment activities.
I believe that we all learn something from each other, and I’m looking forward to learning from the students as they master the basic concepts and skills of ADR practices!
Previous Article
