Details

The purpose of this course is to provide students with an understanding of the relative advantages and disadvantages of the various dispute resolution options from negotiation to trial. You learn by experiencing the options. Each dispute resolution process will be critically analyzed for theoretical and practical differences, strengths and weaknesses, and appropriate areas of use. A variety of teaching techniques will be utilized, including exercises, simulations, demonstrations (live and videotaped), and presentations. The course's principal focus is preparing and participating in three extensive simulations. Students will be supplied with case materials for a complex construction case. Teams of two or three students will be assigned to represent a party in three dispute resolution simulations: negotiation, mediation, and arbitration. Students will stay in the same teams representing the same parties for all three simulations. The roles of attorney or client should alternate, but all team members will contribute to the memo or brief due as part of each simulation. Each team will be assigned a different opposing team for each simulation. Lawyers and business people from the private and public sector and professional mediators act as the neutrals. One of the professors will observe each simulation and provide feedback. Each simulation session requires approximately 3 hours and can be scheduled for open class times or other evenings and weekends by agreement. The experience needed to analyze the advantages and disadvantages of dispute resolution processes is directly related to participation in exercises, simulations and debriefing discussions. Attendance is imperative. TEACHING METHOD: Simulation EVALUATION: COURSE MATERIALS: Course Packet First class attendance is required. Students not attending the first class will be dropped from the class. Class attendance is required. Non-attendance will adversely effect the grade.