LEGAL 212 - Alternative Dispute Resolution

5 Credits

Covers alternatives to civil litigation of disputes. Topics include arbitration, mediation, negotiation, as well as less common forms of alternative dispute resolution (ADR). Paralegal’s role in ADR, ethical considerations and practical application of ADR to disputes are also discussed. The philosophy behind alternatives to adversarial litigation is analyzed historically and in contemporary society.

Fees

Quarters Typically Offered
Winter Day

Designed to Serve Students in paralegal program, pre-law students.
Active Date 20250401T11:49:08

Grading Basis Decimal Grade
Class Limit 32
Contact Hours: Lecture 55
Total Contact Hours 55
Degree Distributions:
ProfTech Course Yes
Restricted Elective Yes
Course Outline

Nature of Disputes and Conflict and the Alternatives to Dispute Resolution
Negotiation
Facilitation
Mediation
Arbitration
Historical and Contemporary analysis of alternatives to adversarial litigation and dispute resolution

Student Learning Outcomes
Analyze the advantages and disadvantages of negotiation in a particular situation vis a vis taking the dispute to a court of law.

Assist in strategically determining a client's negotiation position; in terms of the strengths and weaknesses of that client's case.

Analyze ethical issues which may arise in negotiation.

Explain what mediators and arbitrators do and do not do.

Analyze the meaning, and effect, of mediation agreements and how they affect the parties' future rights.

Explain the advantages and disadvantages of arbitration and assist in making the determination of whether arbitration is appropriate in a particular case.

Research and apply the state and federal laws which govern arbitration.

Take the steps necessary to initiate an arbitration.