Course Name: ADR

This course is a survey of dispute resolution, and encompasses negotiation, mediation, collaborative law, and arbitration. 

At the end of this course, you should be able to: 

(1) execute oral communication skills of a lawyer in negotiation and mediation; 

(2) implement the principles of ADR to solve client problems in oral and written communication; 

(3) apply the lawyering skills of fact investigation and development to client problems; 

(4) produce effective legal documents written for negotiation and mediation; 

(5) recognize ethical dilemmas commonly arising in ADR; 

(6) self-evaluate and reflect on lawyering skills in interviewing, negotiating, and mediating; and 

(7) understand the core principles and processes of arbitration, mediation, and negotiation.

The only required text for this class is John Burwell Garvey & Charles B. Craver, Alternative Dispute Resolution: Negotiation, Mediation, Collaborative Law, and Arbitration (LexisNexis 2013, ISBN 978-0-7698-5119-8). I strongly recommend reading this book before class begins because there will be little time during the week of class to do so. You might also, at your option, read Fisher & Ury’s Getting to Yes (any edition).

I plan to hold office hours after class every day.

If you use a computer, it should be for note-taking purposes or other purposes related to the class.  Using a computer to surf the Internet, check e-mails, play games, or for other purposes unrelated to the class is distracting to other students.  I do not patrol computer use, but in this class it will be obvious, and if I notice or learn of improper use, expect to lose in-class computer privileges.

Attendance at all class sessions, all the time, is required. Because of the condensed class schedule, missing even one day will put you out of compliance with ABA requirements, muck up your grading assessments, significantly disadvantage your teammates on group projects, and require me to consult with the Dean about how to handle the situation. Absent a true emergency, please do not put me in this position. Please arrive on time. Class will start promptly at 8:00, and in the first few minutes of class I provide the “agenda” for the rest of the class.

ONU is dedicated to providing an equitable educational experience for all enrolled students. Universal course policies applicable to all courses can be found at the following link: https://my.onu.edu/registrars_office/policies. This website includes:  

• Academic Dishonest Policy
• Academic Accommodations Policy
• Health and Safety Policy
• Title IX Policy
• Diversity, Equity, and Inclusion Statement

Your final grade will be based primarily on a combination of peer performance assessments on a series of simulations. These assessments will include the following “input” variables: effort, teamwork, ethical conduct, and effective judging. The assessments often also will include “output” skills-based scoring sheets, of which I will provide a sample on the first day of class. 

The first couple hours of each class day will consist primarily of lecture, discussing the reading, and watching instructional videos. The remainder of class time will be spent on group simulations which are expected to include:

• A short arbitration/mediation exercise. 
• Negotiating performance rubrics and weight toward final grades. 
• Client counseling problem. 
• Negotiation problems. 
• Mediation problems Arbitration problems

Any student with a disability that substantially limits learning in a higher education setting may contact the Office of Accessibility for information regarding eligibility for reasonable accommodations. The office telephone number is (330) 972-7928 (Voice) or (330) 972-5764 (TDD). 

The University of Akron’s Commitment to an Environment Free from Discrimination, Including Sexual Assault and Violence.  The University of Akron is committed to providing an environment free of all forms of discrimination, including sexual violence and sexual harassment. This includes instances of attempted and/or completed sexual assault, domestic and dating violence, gender-based stalking, and sexual harassment.  Additional information, resources, support and the University of Akron protocols for responding to sexual violence are available at uakron.edu/Title-IX.

Saturday, August 31: Focus on Client Counseling

• Lecture/discussion:
  • Intro to ADR
  • Client counseling
• Video:
  • Client counseling 2016  (44:00-1:30; 1:30-2:15 = Akron) (distribute problem beforehand)
• Simulations:
  • Performance rubrics & grades
  • Client counseling exercises (4)
  • Distribute Negotiation 2017 problem for students to review overnight.

Sunday, September 1: Focus on Negotiation

• Lecture/discussion:
  • Negotiation
• Video:
  • Ethics & Lying in Negotiations (15:00)
  • Negotiating a Corporate Spin-Off (“Independent Immunities”; 55:00)
  • Negotiation 2017 (beginning through 44:00) (distribute problem beforehand)
• Simulations:
  • Negotiation exercises (3)

Monday, September 2: Focus on Mediation

• Lecture/discussion: mediation
• Video:
  • Mediating an International Dispute (1:17)
• Simulations:
  • Mediation exercises (3)

Saturday, September 7: Focus on Mediation & Arbitration

• Lecture/discussion: mediation/arbitration
• Video: None
• Simulations:
  • Continue remaining mediation exercises
  • Expense reimbursement exercise 

Sunday, September 8: Focus on Arbitration

• Lecture/discussion: arbitration
• Video:
  • Baseball arbitration (:08)
  • Drafting international commercial arbitration clauses (:03)
  • 2018 ABA Arbitration Competition (2:00)
• Simulations:
  • Continue remaining exercises

Wrap-up: what worked & what didn’t?