This course provides a deep and structured examination of Alternative Dispute Resolution (ADR) mechanisms, including negotiation, mediation, arbitration, and hybrid processes such as med-arb and summary jury trials. ADR has grown from a peripheral feature of the legal system to a central element in both domestic and international dispute resolution, often used in commercial, employment, family, construction, healthcare, and public law contexts.
Students will explore the philosophical foundations, legal rules, and practical techniques governing each method of ADR. Emphasis will be placed on comparative strengths and limitations of ADR processes, the role of lawyers in each setting, and the ethical and procedural challenges unique to ADR. By engaging with real-world disputes, landmark legal doctrines, and critical policy debates, students will develop the skills and judgment needed to advise clients, act as neutrals, and design dispute resolution systems.
Course Objectives:
By the end of this course, students will be able to:
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Explain the legal and conceptual foundations of ADR mechanisms and distinguish them from formal adjudication.
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Evaluate and compare the advantages and limitations of negotiation, mediation, arbitration, and hybrid models.
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Understand the legal standards for enforcing ADR agreements and outcomes.
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Develop process strategies appropriate to different client needs and dispute types.
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Identify and resolve ethical dilemmas faced by attorneys, neutrals, and parties in ADR.
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Analyze the intersection between ADR and public policy concerns such as access to justice, due process, and privatization.
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Design effective dispute resolution systems for institutions, organizations, and contracts.
