Alternative Dispute Resolution in the Workplace

Catalog description

This is a simulation-based skills course that examines the doctrinal background and the practice of arbitration and mediation in the contexts of labor and employment disputes. Given increased use of various ADR processes, it should be of particular interest to students intending a career in labor or employment law, as well as to those with a more general litigation focus who want to gain practical exposure to ADR. In addition to a doctrinal introduction focused on the development and legal standing of arbitration, there will be in-class exercises in which students will learn to analyze fact patterns, make arguments, and issue rulings. Later in the semester, students will conduct two simulated arbitration hearings (and write post-hearing briefs) and two simulated mediations, and also write an arbitration decision based on an assigned fact pattern. Student grades will be based on a combination of the simulation cases (75% total) and class participation (25%). Grades for the simulations will take into account writing and preparation/effort. Scheduling Note: depending on class size, students should expect that two or three of their four simulations will take place outside of regular class hours, most likely on Sundays. The exact class and simulation schedule will be finalized during the first week of class. Recommended: 1. Employment Discrimination or Employment Law or Labor Law, and 2. Alternative Dispute Resolution Seminar or Dispute Resolution Processes or Domestic Commercial Arbitration.