ADR
You must pick an ADR process to analyze. Describe it, its history and the mechanics of the process. Apply this process to a scenario — one that you have personally observed or participated in (preferably), or a hypothetical application. Comment on the nature of the dispute, the amount/things at stake, the relative strength/power of the parties, the attorney-client interface (if any), the impact of a third party (if any), and the speed and cost of the procedure. Your paper should evaluate the outcome effectiveness of the ADR process. Consider whether each disputant had a fair chance, the quality of the process, the relationship between the process and the outcome, and party satisfaction. You may include information gained from professional literature, applicable statutes or court rules, and personal interviews, if possible. General Description:Alternative Dispute Resolution is an introductory course that surveys dispute resolution processes and their applicability to resolve business litigation. Particular emphasis will be given to the interaction of lawyers and clients in business negotiations and in litigation. Negotiation, mediation, and arbitration will be examined, highlighting the advantages and disadvantages of these principal dispute resolution methods in contrast to litigation. The class will also cover impediments to ADR, such as lack of understanding or hostility on the part of clients or lawyers. The course will cover the mediators, clients, and advocates role in negotiation, mediation, and arbitration; the underlying principles of bargaining; risk and value and how to adapt these negotiation skills for different dispute resolution settings. The course offers students an opportunity to “shadow” a mediator or arbitrator(s). Objectives:1.Know the different ADR processes, and how they worknegotiation, mediation, and arbitration. 2.Be able to access when each is appropriatewhat kind of dispute is best resolved by which ADR process.3.Learn the difference between zero-sum negotiation and win-win negotiation; competitive vs. collaborative negotiation; and outcome-based vs. interest-based negotiation. 4.Learn the role culture plays in communication, and how cultural differences 2impacts communication, both spoken and unspoken. 5.Understand differences in meeting and greeting, eye contact, time sensibility, negotiation style, personal space, and influence.6.Practice negotiation, both as an advocate and as a disputant through simulations.7.Understand the role of mediators and how this role differs from the role of arbitrators. 8.Practice representing client as an advocate in a mediation, being a mediator, and participating as a client in a mediation through simulations.9.Practice representing clients in an arbitration, and serving as an arbitrator through simulations.
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