Conflict Resolution Systems Design

Description

Lawyers are often called upon to help design systems for managing and resolving conflicts that support or supplant existing legal structures. The crisis of September 11 led Congress to pass a law creating the September 11 Fund; a California Supreme Court challenge to its method of resolving health care disputes led Kaiser Permanente to reform its arbitration system; years of atrocities committed against the people of South Africa, Guatemala and many other countries led to the formation of truth commissions. Lawyers helped to structure these and many other conflict resolution systems. This course uses a case study model to survey different kinds of conflict prevention, management and resolution systems, and look at some of the questions raised by their design. How were the models developed, and what values do they reflect? If courts have justice as their primary goal, is any other goal appropriate? How does the system's structure affect participation, results, and satisfaction? Who controls the design process, funding, and administration? Whose interests are served? What alternatives are available both within and outside the system? How do the stated goals of the systems compare with their outcomes?

  • Number of Units: 3
  • Course Number: 613

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