Dispute Systems Design
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; escalating litigation costs in financial and relationship terms have led corporate general counsel to develop alternative means ¿ including online -- to deal with employee, customer and partner disputes; 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. We¿ll use a case study model to survey different kinds of conflict prevention, management and resolution systems, and examine different factors in their design. Special Instructions: Grades will be based on class participation and Option 1 (section 01) a series of short essays and a short research paper; or Option 2 (section 02) a long research paper involving independent research. Students electing Option 2 will be graded on the H/P/R/F system and will receive Research ¿R¿ credit. After the term begins, students accepted into the course can transfer from section (01) into section (02), with consent of the instructor. Negotiation Seminar (Law 615) or its substantial equivalent strongly preferred, but not required. Attendance at the first class is mandatory. Writing (W) credit is for 3Ls only. Elements used in grading: Class participation and engagement, attendance, written assignments and final paper.
Instructors for this courseJanet Martinez