Alternative Dispute Resolution

Professor Kisthardt Summer 2008

Syllabus

This course will focus on various dispute resolution processes including interviewing and counseling, negotiation, mediation, arbitration, and mixed processes such as the mini-trial. In addition to acquainting you with these processes, my objective is to familiarize you with some skills in using them and give you some experience in how to help a client choose or build the most appropriate dispute resolution or prevention process. The class will include lectures, demonstrations (video-tape and live), discussions and simulations. I expect you to be fully prepared for each class. In some classes, we will be conducting simulations and it is essential that everyone be present. I expect to be contacted concerning any absence. A student with an unexcused absence may be ineligible to take the final examination. A short written assignment due on June 17th will also be required and will count for 30% of your final grade. An additional 20% of your grade will be based on other written assignments, simulated exercises assigned during the semester and class participation. The final exam will be worth 50% of your grade.

Below you will find the reading assignments for the course. I will attempt to adhere to the schedule but truthfully, some variation from it has been the norm. You will always be advised in advance concerning your required reading for the next class. Due to the use of simulated exercises, the length of the reading assignments will vary greatly from week to week. Please review the syllabus early so that you can plan ahead to read for those days when the assignments are long. It is imperative that you be prepared for each class.

We will use the Riskin & Westbrook 3rd edition text on Dispute Resolution and Lawyers (Text). Getting to Yes is recommended but not required.

The class will meet beginning on May 20th on Tuesdays from 9 - 10:50 and on Thursdays from 9:00 - 11:50 with the exception of June 10 when we will meet from 9 -11:50. The exam will be given in class on June 24. The exam will be a closed book test. You will be permitted to use your notes and any material distributed in class. I strongly urge you to stay current with the readings and to take notes on them. This will greatly improve your chances of doing well on the final exam.

Laptop policy: You are welcome to use your laptops to take notes. The learning in this class will take place from the contribution of all members. Full participation and contribution cannot take place if a student is surfing the web, checking e-mails or instant messaging. Therefore the use of the laptop for those purposes is not permitted.

May 20 INTRODUCTION

An overview of ADR

Text 12-33, 57-62

May 22 THE ROLES OF LAWYERS

Text 62-72, 77-90, 98-102, 129-133

May 27 INTERVIEWING

Text 103-112,137-152

May 29 COUNSELING

Text 112-117, 121-128, 134-137

JUNE 3 NEGOTIATION

Text 165-173, 190-192, 203-206, 209-210

June 5 NEGOTIATION – EXERCISE

Thompson V. Decker Negotiation Exercise

Text 308-311 (additional material to be distributed)

June 10 MEDIATION

(9-11:50) Text 286-309, 334-348, 394-397, 409-415

June 12 MEDIATION - Exercise

Red Devil Dog

Text 503-504 (additional material to be

distributed)

ARBITRATION

Text 506-511, 651-676

June 17 OTHER PROCESSES

Mini Trial

Text 756-760

Early Neutral Evaluation

Text 718-722

Court-Annexed Mediation

Text 684-92, 692-697

Summary Jury Trial

715-718

June 19 HELPING CLIENTS CHOOSE A DISPUTE

RESOLUTION PROCESS

Text 152-155, 854-867

Mo. Sup. Ct. Rule 17

CASE ANALYSIS PRESENTATIONS

June 24 EXAM