Alternative Dispute Resolution: Law, Practice, and Policy

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.