Dispute Resolution

3 Credit Hours

The purpose of this course is to help students learn how lawyers (and to some extent other professionals) can help their clients and society select and carry out the most appropriate (that is, efficient, productive, and humane) methods for managing conflict. To that end, we will cover the following topics: the nature of conflict; client interviewing and counseling; negotiation; mediation; adjudication (principally arbitration); mixed dispute resolution processes; and how to select and design dispute resolution processes. The course generally takes the perspective of a practicing lawyer and explores the idea of the lawyer as problem-solver, but also will include client, court, and societal perspectives. We also will consider how one's state of mind can affect performance, and address issues of professional responsibility. Methods of instruction will include reading, lectures, demonstrations (live and video), role-play and other exercises, and journaling. Grades will be based on class participation; the journal and (possibly) other very brief writing assignments; and an examination. The only required book is Leonard L. Riskin, et al., Dispute Resolution and Lawyers (5th ed., Hardcover, Westgroup 2014.) ISBN: 978-0-314-28590-4. Do not buy the abridged, paperback version of this book. Rely on the ISBN above.