LAWYERING AND DISPUTE RESOLUTION
Prof. Tim Heinsz
1. Assignments and Activities
A. Overview of Dispute Resolution and Prevention
Text: pages 1-79
Role play exercise (The Senate Table)
Consider the following questions:
What are the advantages and disadvantages of the processes described on pages 2-11?
What can be said for and against litigation?
How do lawyers view their role?
How does legal education shape the way lawyers view their role?
Does the lawyer’s standard philosophical map make it harder to serve clients and society well?
What does it mean for a lawyer to be a problem solver?
Should lawyers support ADR programs?
B. Interviewing and Counseling Clients
Jan. 28-Feb. 9
Text: 80-119, 137-146
Role play exercises and discussion hypos (Gordon v. State/Schaffer v. Andrews; Caught with Cocaine; Churning Obligations)
Feb. 11-March 1
Text: 148-206, 210-228, 248-260, 307
Role play exercises (Mason-Dixon(Product) Line; A Deal Before Midnight; Batmobile)
Text: 313-328, 337-353, 358-367, 379, 394-402, 447-455, 488--500
Review the Uniform Mediation Act (Handout)
Role play exercises (“Third [Year] Strike and Who’s Out?”; Prosando v. High-Tech Int’l)
March 22-26 SPRING BREAK - ENJOY!!
March 31 to April 19
Text: 502-588; Insert at end of Note 4, p. 534, Howsam case; Insert at end of Note 5, p. 534, Circuit City case; Insert at end of Note 2, p. 546, Wright and Safrit cases; Insert at the end of Note 5, p. 552, Randolph and Cole cases (synopses of all these cases are in Handout).
Review the Revised Uniform Arbitration Act (Handout)
Role play exercises and discussion hypos (Union-Management Labor Arbitration; A Distribution Problem; A Brewing Problem; Don’t Shank it)
Note: There will be an arbitration role play exercise that will be held on a Tuesday or Thursday during these weeks with other sections in the Courtroom beginning at 1:00 p.m. This is a mandatory class that you will need to attend in order to write your arbitration exercise paper. We will not have class on April 19.
F. Mixed Processes
Text: 589-611, 620-630, 639-664, 681-692
G. Choosing and Building Dispute Resolution Processes
Text: 711-718, 738-747, 788-799
Your grade will be based upon the following 3 criteria:
60% of your grade will be based upon a final examination.
30% of your grade will be based upon the results that you submit for three exercises. After a negotiation exercise and after a mediation exercise, you are to submit a 3-5 page paper explaining your negotiation strategies and those of your opponent based on assigned readings in the case book, what you believe you and your opponent did well, what you believe that you and your opponent could improve upon, how you might conduct the negotiation or mediation differently in the future, and any thoughts you had on the negotiation process. After the arbitration exercise, you are to submit a 3-5 page paper on how you reached your award, any comments on how the attorneys presented the case and the arbitrator’s handling of the arbitration hearing, and any thoughts you had on the arbitration process based on assigned readings in the case book. These papers will be due at the beginning of the class one week after the exercise is completed.
10% of your grade will be based upon your participation in class discussion and exercises. Participation is an important element in this class. I will give points to a student’s grade based on quality and extent of participation and will deduct points for poor participation, e.g., as a result of non-attendance when there is an in-class exercise or unpreparedness.
3. Attendance Policy
Much of the learning in this course takes place as a result of classroom discussion and role-playing exercises. Your absence from role-playing simulations could impair your classmates’ learning experience, yours and their participation in exercises, and cause scheduling problems. As a consequence, you should plan to attend class when role-playing exercises are scheduled unless you have made prior arrangements with the instructor.
There is an attendance policy. You must attend 80% of the classes in order to remained enrolled in the course. If you miss more than 5 classes, you will be dropped from the course. Other than on the days when there are role-playing exercises, the attendance policy is a “no-fault” one, i.e., no excuses need be given for a miss nor will any excuse given cause a miss not to count.
There will be a bonus of one point added to the grade of any person who attends all classes.
My office is in Room 206 (the Center for the Study of Dispute Resolution); office phone number is 882-2825; home phone number is 445-1806; and email is
I look forward to working with you this semester and hope you enjoy the course.
If you need accommodations because of a disability, if you have emergency medical information to share with me, or if you need special arrangements in case the building must be evacuated, please inform me immediately after class or in my office in Room 214 or call at 882-2825 or email at firstname.lastname@example.org.
To request academic accommodations (for example, a note taker), students must also register with Disability Services, AO38 Brady Commons, 882-4696. It is the campus office responsible for reviewing documentation provided by students requesting academic accommodations, and for accommodations planning in cooperation with students and instructors, as needed and consistent with course requirements. Another resource, MU's Adaptive Computing Technology Center, 884-2828, is available to provide computing assistance to students with disabilities. For other MU resources for students with disabilities, click on “Disability Resources” on the MU home page.
Copyright 2003 Tim Heinsz. 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.