LAWYERING WITHIN DISPUTE RESOLUTION PROCESSES
Professor Sarah Rudolph Cole
I. Attendance Policy
The attendance policy is as follows: a student may miss up to two (2) scheduled classes during the semester. Any additional misses may result in a lower grade. In addition, if a student is unable to attend class for whatever reason, he or she must notify the professor in person or by telephone at least twenty-four hours before the scheduled class period. If notice is not given, and the student fails to attend, the student's grade may be lowered by the professor. While this attendance policy may seem harsh, the nature of this class, which includes numerous simulations where students are assigned to groups, requires that the professor know who will be in class on any given day. Any student with more than two absences, even if he or she notified the professor in advance of the absences, may, after notice from the professor, be withdrawn from the course.
II. Course Requirements
Grading in this course will be based on:
Class participation includes: attendance, completion of exercises assigned in class and completion of short written assignments, participation in class discussion and other activities.
The casebook (CB) in this class is Goldberg, Sander, Rogers and Cole, Dispute Resolution: Negotiation, Mediation and Other Processes (3d ed.) plus 2002 Supplement.
III. Office Hours and Phone Number
My office hours are Thursday, 2-4 p.m. I am also happy to meet with any of you on a drop-in or scheduled basis. If I am exceptionally busy, I may ask you to come back another time. My phone number is: 688-4918; my office number is 302.
IV. Class Schedule
Week I -- Introduction to ADR
August 20 Introduction. Read CB 1-15, 364-69 in preparation for this class. What Process is Appropriate? Watch "Arbitration, Mediation, Preventive Law" videotape. Bar Association Committee Meeting.
Week II -- Arbitration
August 27 The Arbitral Process. Read CB 233-244. Discuss problem 4.3 in class.
Preemption. Read Supp. 1-9.
Week III -- Arbitration
September 3 Arbitration and Statutory Rights. Read Supp. 19-35.
Week IV -- Arbitration
September 10 Judicial Review of Arbitral Awards. Read Supp. 59-64.
Arbitration Hearing Discussion and Preparation
Week V - Arbitration
September 17 Conduct Arbitration Hearing
Week VI - Mini-Trial and Other Processes
September 24 Read CB 275-79; 281-83; 286-87; 372-74. Be prepared to discuss questions 5.1 - 5.5. Mini-Trials, Early Neutral Evaluation, Special Masters. Watch videotape - Out of Court - the Mini-Trial (30 min.).
Week VII - Summary Jury Trial
October 1 Read CB 286-87, 369-71, 439-44. Reread CB 364-69. Continue discussion of alternative processes. Consider role of courts in assisting parties to accomplish non-traditional objectives. Watch videotape: The Summary Jury Trial (30 min.) Be prepared to discuss questions 7.14-7.16.
Week VIII - Fall Break
Week IX - Negotiation
October 15 Introduction to negotiation and negotiation methods. Read CB19-64.
Pepulator Pricing exercise. Hand out Too Old to Rock and Roll exercise. General instructions for Too Old at CB 105-06.
Week X - Negotiation
October 22 Assign Collective Bargaining Negotiation. Watch video on collective bargaining negotiations. Conduct Too Old to Rock and Roll exercise. Finish negotiation outside of class if necessary. Turn in negotiation reports by 9:00 a.m. tomorrow.
Week XI -Negotiation
October 29 Meet in class. Continue Collective Bargaining Negotiation.
Week XII -- Americanization of International Dispute Resolution
November 7 In lieu of class on 11/5, each class member will be expected to attend the JDR Symposium for 1.5 hours. Continue Collective Bargaining Negotiation.
Week XIII-- Introduction to Mediation
November 12 Introduction to Mediation. Read CB 313-36. Bill and Sandy exercise. Hand out "Broken Bicycle" exercise. Conduct "Broken Bicycle" outside of class.
Week XIV -- Mediation continued
November 19 Turn in Collective Bargaining Agreements. Read CB 123-59. Discussion of mediation process. Discuss "Broken Bicycle" exercise assignment.
Week XV-Counseling Clients about ADR
November 26 Read CB 290-307 and discuss questions 5.6-5.10.
Copyright 2003 Sarah Rudolph Cole. Teachers are free to copy these materials for educational use in their courses only, provided that appropriate acknowledgment of the author is made. For permission to use these materials for any other purpose, contact the author.