LAW-3005: Alternative Dispute Resolution

The vast majority of disputes are not resolved by formal court litigation. Indeed, even where parties begin their disputing in court, final case resolution rarely happens at trial by either judge or jury. Instead, parties reach settlement either on their own through direct negotiation or using the assistance of third party neutrals. For example, in Minnesota, district court rules effective for more than two decades require parties in most civil state district court actions to identify one of ten alternative dispute resolution (ADR) processes appropriate for use in the case. Similar ADR programs have been established in other US state and federal trial and appellate courts, as well as in countries throughout the world. Moreover, huge categories of disputes are virtually foreclosed altogether from the judicial system through contractual arbitration. Finally, many clients demand the use of ADR to manage conflict before formal disputes arise or choose to voluntarily utilize ADR when disputes emerge rather than proceed to court. Given these developments, all lawyers have a professional and ethical obligation to understand ADR processes and make intelligent use of ADR resources for their clients. Accordingly, this course helps you understand conflict theory and the distinctions between problem-solving and traditional adversarial approaches to lawyering; prepares you to advise clients about dispute resolution process choice in deal-making and disputing contexts; teaches you how to effectively advocate in diverse ADR settings; and introduces you to contemporary ADR ethics, law, and policy issues, as well as the rich body of empirical research available for those interested in the field. Pre/CoReq: LAW-2020