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Alternative Dispute Resolution
Prof. Robert H. Smith,
3 credits day; 3 credits evening.
One of a lawyer's primary tasks is to resolve disputes. Most controversies are never decided by a
court, but instead are settled by agreement. The ability to negotiate and mediate effectively is
thus crucial for litigators as well as transactional lawyers practicing in other contexts. The course
focuses on the processes of negotiation and mediation, and to a lesser degree on arbitration. It
uses a mixture of lecture, discussion, role-playing and videos to give students an introduction to
the theory and practice of ADR, including how to use such processes effectively on behalf of a
client. Class attendance and participation in the role-plays and discussions are integral to the
learning experience and are part of the grading criteria. There will be a final examination, as well
as short written assignments and in-class exercises. Students may receive an additional credit for
completing a research paper on a topic within ADR approved by the professor. Enrollment may
be limited. Students may not enroll in both Alternative Dispute Resolution and Negotiation or
Negotiation for Lawyers.
Elective Course
Meets Skills Menu Requirement
Meets Civil Litigation Concentration Requirements
Meets Health/Biomedical Concentration Requirements
Final Exam Required