ALTERNATIVE DISPUTE RESOLUTION: LAW & PRACTICE
(LAWJ-4089) - 2 UNITS
Full adjudication in the form of a trial on the merits occurs in less than 5 percent of all cases filed in courts. It is therefore the exception, not the "norm," for the resolution of disputes. Throughout history and perhaps even more so today, Alternative Dispute Resolution ("ADR") is a vital - perhaps the central--means by which conflicts in our society are managed and resolved. It includes a wide variety of processes, some of which are more rights-based and adjudicative and others of which are more interest-based and consensual. This course will provide students with a broad survey of the legal and policy considerations relating to three key ADR processes--arbitration, mediation and negotiated settlement--as well as an introduction to some of the unique practice-based challenges posed by each process.