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Contemporary Dispute Resolution and the Vanishing Trial

Current Offerings

Contemporary Dispute Resolution and the Vanishing Trial (7803): The emergence of the "multi-door" courthouse and the rapid growth of private alternative dispute resolution (ADR) providers has re-shaped the litigation landscape. Today, civil litigators face "process pluralism" both in our courts and the private sector in which lawyers represent clients in arbitrations, mediations, and a broad range of hybrid processes. This course seeks to provide students with an overview of the policies, options, and strategies confronting lawyers as society increasingly turns to alternative forms of dispute resolution. The growth of ADR processes reflects its perceived benefits to parties, by comparison to court-based adjudication. In this seminar we will take a critical look at both arbitration and mediation. The goal is for you to understand the law and policy behind these alternatives and to be able to provide effective counseling and representation in ADR processes. We will learn about the public and private law that governs arbitration and mediation agreements and proceedings; discuss how these processes "work" in resolving actual disputes; and consider the controversies that have arisen in recent years over the use of ADR in different contexts. Elements used in grading: class participation, discussion, two written assignments, exam.

Sections

Contemporary Dispute Resolution and the Vanishing Trial | LAW 7803 Section 01 Class #1161

  • 3 Units
  • Grading: Law Honors/Pass/Restrd Cr/Fail
  • 2023-2024 Winter
    • 1L: Winter Elective (Open to First-Year JD Students)
  • Exam:
    • In-class Final
  • Learning Outcomes Addressed:
    • LO1 - Substantive and Procedural Law
    • LO2 - Legal Analysis and Reasoning
    • LO4 - Ability to Communicate Effectively in Writing
    • LO6 - Law Governing Lawyers/Ethical Responsibilities
    • LO7 - Professional Skills
  • Course Category:
    • Miscellaneous Practice-Skills

Notes: This class section has been cancelled!

  • 2023-2024 Winter
    This class section has been cancelled!

Past Offerings

Alternative Dispute Resolution: Law, Practice, and Policy (7803): The emergence of the "multi-door" courthouse and the rapid growth of private alternative dispute resolution (ADR) providers has re-shaped the litigation landscape. Today, civil litigators face "process pluralism" both in our courts and the private sector in which lawyers represent clients in arbitrations, mediations, and a broad range of hybrid processes. This course seeks to provide students with an overview of the policies, options, and strategies confronting lawyers as society increasingly turns to alternative forms of dispute resolution. The growth of ADR processes reflects its perceived benefits to parties, by comparison to court-based adjudication. In this seminar we will take a critical look at both arbitration and mediation. The goal is for you to understand the law and policy behind these alternatives and to be able to provide effective counseling and representation in ADR processes. We will learn about the public and private law that governs arbitration and mediation agreements and proceedings; discuss how these processes "work" in resolving actual disputes; and consider the controversies that have arisen in recent years over the use of ADR in different contexts. Elements used in grading: class participation, discussion, two written assignments, exam.

Sections

Alternative Dispute Resolution: Law, Practice, and Policy | LAW 7803 Section 01 Class #31556

  • 3 Units
  • Grading: Law Honors/Pass/Restrd Cr/Fail
  • 2022-2023 Spring
    Schedule No Longer Available
  • Exam:
    • Exam format to be determined
  • Exam:
      • Remote: Details to come
  • Learning Outcomes Addressed:
    • LO1 - Substantive and Procedural Law
    • LO2 - Legal Analysis and Reasoning
    • LO4 - Ability to Communicate Effectively in Writing
    • LO6 - Law Governing Lawyers/Ethical Responsibilities
    • LO7 - Professional Skills
  • Course Category:
    • Miscellaneous Practice-Skills

Notes: This class section has been cancelled!

  • 2022-2023 Spring
    Schedule No Longer Available
    This class section has been cancelled!
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