Introduction to U.S. And Comparative ADR Processes

3 units

This survey course will introduce students to the fundamentals of alternative dispute resolution theory and practice. The course will analyze and compare a range of dispute resolution processes (such as litigation, negotiation, mediation, arbitration, dialogue facilitation, victim-offender dialogues, circles, ombudspersons, public dispute systems, on-line dispute resolution, mini-trials, and other mixed processes) and applications to specific types of problems and disputes (such as consumer, criminal, labor and employment, family and youth, restorative justice, environmental, public disputes, multi-party, cross cultural and international). The course will explore critical issues in the ways that societies and organizations structure their dispute resolutions systems and choose among available processes. The course will include attention to comparative dispute resolution systems, and examine the extent to which factors such as history, tradition, culture, economics, politics, institutional developments, and legal norms influence the design and selection of systems for handling different kinds of disputes, both in the U.S. and in other countries. The course will include readings, discussion, videos and demonstrations to provide students with an enhanced understanding of differences in dispute resolution processes. Examples of model rules, state and federal statutes and court rules and dispute resolution program rules and guidelines will be reviewed. There are no prerequisites for this course. Take-home exam paper, class attendance and class participation.