Arbitration Law (3133) This foundation course covers the salient points of U.S. arbitration law as it relates to domestic and international matters. The coursse curriculum begins with an introduction to the basic legal concepts that make up arbitration law and to the institutions that are central to arbitration practice. Consideration of the Federal Arbitration Act follows, along with a systematic treatment of the role of contract in arbitration and the function of subject matter inarbitrability. Problems relating to the enforcement of arbitral awards, the role of the arbitrator (focusing on the arbitrator's functions, duties, and responsibilities), and other practice issues are examined. The basic facets of international commercial arbitration also are introduced. Through lectures, demonstrations, discussions, and simulations, this interactive curriculum is designed to foster effective use of contemporary arbitral processes. Students cannot earn credit in both Arbitration Law and Introduction to U.S. Arbitration Law: Domestic and International Aspects. Grading: Letter graded Credits: Variable Offered: Summer and Fall or Spring Categories: Long Paper Subject Areas: Dispute Resolution Arbitration Skills (3134) Is an arbitration just like a trial? Do parties have to follow rules of evidence and rules of procedure? How do attorneys and parties interact with arbitrators? This course will focus on the skills required to be an effective arbitrator or arbitration advocate. Students will participate in arbitration simulations and role playing. Additionally, experienced arbitrators will occasionally join the class to share their insights and offer guidance. Students are encouraged to register for this course at the same time as Arbitration Law. Grading: Letter graded Credits: 1 Offered: Fall Categories: Experiential Subject Areas: Dispute Resolution Decision Making in a Chaotic Reality (3054) Professionals in today's chaotic world must develop the skills necessary to handle those inevitable situations in which external events intrude upon, and interfere with, the professionals' abilities to make clear and appropriate decisions. These situations of uncertainty can easily deteriorate into crises. If not handled correctly, they also can cause irreversible damage to relationships. In order to be effective in such situations, conflict professionals must possess the capacity to collect, assess and adapt new and changing information. They must also develop their creative capacities and vision to take into account and address the consequences for the future (”the day after”). Using the most contemporary tools and methodologies for creative problem solving, students will develop the skills needed for making good decisions in a chaotic reality. Grading: Letter graded Credits: 1 or 2 Offered: Summer Subject Areas: Dispute Resolution Dispute Systems Design (3141) Systems thinking and design thinking are critical skill sets for leaders and changemakers. Dispute systems design applies these skills to the study of conflict, dissecting and reconstructing the processes by which we prevent, manage, and resolve disputes. In this course, we will analyze at least five distinct dispute systems from a variety of contexts and disciplines. Through readings, exercises, case studies, and discussions, we will assess how they were designed and whether they were designed effectively. We will examine design principles including: procedural fairness; stakeholder identification, communication, and assessment; clear and well-articulated purpose(s); checks and balances; and feedback loops. While legal dispute systems will be addressed, students will also examine systems that are alternative to, and in many cases categorically and intentionally separate from, legal procedures. At the conclusion of the course, students will have the opportunity to propose changes to a dispute system of their choosing. Grading: Letter Credits: 2 Offered: Irregularly Subject Areas: Dispute Resolution Externship: Alternative Dispute Resolution (3045) The ADR Externship gives students the opportunity to observe and participate in the work of lawyers who act as problem solvers with nonprofit community mediation programs. Community mediation programs assign trained volunteer mediators from local communities to facilitate for individuals and groups to resolve differences. Placements are available in MN Community Dispute Resolution Programs as defined in Minn. Stat. §494. After enrolling, students will be asked about their interests and availability for placement with a Center, and they may also need to interview with potential placement sites. Students will have opportunities to learn about community mediation, observe mediations and provide valuable support for the Centers. Having taken a Civil or Family Mediation Skills course is a prerequisite. Students also may create their own mediation externship in consultation with MHSL Career and Professional Development office and the professor to participate in this course. Grading: Pass/Fail Credits: Variable Offered: Fall/Spring Categories: Experiential Subject Areas: Dispute Resolution International Commercial Arbitration: Theory and Practice (3084) The aim of this course is two-fold: first to provide groundwork theory in relation to arbitration and second, to work with students and assist them in developing advocacy skills. The course uses an interactive workshop format and it is divided into two closely interrelated modules. DRI Summer London course. Grading: Letter graded Credits: 2 Offered: Summer Subject Areas: Dispute Resolution International Trade and Investment Dispute Settlement (3083) The legal environment for international trade and foreign investment has changed dramatically since the end of the Cold War. International trade and investment dispute resolution, in particular through international arbitration and other non-judicial dispute settlement mechanisms, has become increasingly common. Foreign investors are much more willing to pursue claims against host state, (e.g., for alleged expropriation or discriminatory behavior). Further, public international law principles must also be considered once a state is involved. Principles will be addressed such as state responsibility, expropriation and acts tantamount to expropriation, which comprises fair and just compensation, immunity from suit and immunity from execution. These public international law principles overlap somewhat uncomfortably with the commercial interests of foreign investors. Developments in investment arbitration and trade dispute resolution have been rapid in recent years. It is now crucial that academics and legal practitioners be aware of the complex international legal elements involved in the resolution of investment and trade disputes. DRI Summer London course. Grading: Letter graded Credits: 2 Offered: Summer Subject Areas: Dispute Resolution Introduction to U.S. Arbitration Law: Domestic and International Aspects (3082) The foundation course covers the fundamental principles and themes of U.S. arbitration law. The course begins with a thorough introduction to the history and operation of arbitration including its constituent concepts and basic institutions, as well as customary practices. The Federal Arbitration Act (FAA), the governing U.S. statute on arbitration, is covered extensively along with the impact of contract freedom upon the elaboration of an American law of arbitration. In addition, the Uniform Arbitration Law for states also is assessed. Several class sessions address the development of a doctrine of limited subject matter inarbitrability and the growth of arbitrator sovereignty as to jurisdiction, the conduct of proceedings, and the determination of the merits. Finally, problems relating to the enforcement of arbitral awards and other practical issues are addressed. The course includes a number of break-out sessions and a workshop component on drafting arbitration agreements. DRI Summer London course. Students are advised that academic credit for Introduction to U. S. Arbitration Law: Domestic and International Perspectives is not awarded if you have already completed Arbitration. Grading: Letter graded Credits: 2 Offered: Summer Subject Areas: Dispute Resolution Mediation (3040) Through discussion, simulations, and role-play, this course focuses on the structure and goals of the mediation process and the skills and techniques mediators use to aid parties in overcoming barriers to dispute resolution. The course also examines the underlying negotiation orientations and strategies that mediators may confront and employ, the roles of attorneys and clients, dealing with difficult people and power imbalances, cultural considerations, and ethical issues for lawyers and mediators. In addition, special attention is devoted to the art of successful representation of clients in mediation. Students cannot earn credit in both 8241 Family Mediation and 3040 Mediation. Grading: Letter graded Credits: 3 Offered: Summer/J-Term Categories: Experiential Subject Areas: Dispute Resolution Negotiation (4575) This course will focus on developing skills through simulated negotiations, case studies, exercises and class discussion, with readings that emphasize practical application. The goals of the negotiation course include the following: 1) providing students with hands-on experience and practice in negotiating deals and resolving disputes; 2) sharing with students proven models and frameworks for effective negotiations; 3) exposing students to a variety of negotiation contexts and approaches; 4) acquainting students with the ethical and legal issues surrounding negotiation practice and implementation; and 5) giving students a broader perspective on a lawyer's role beyond the adversarial method to resolving conflict. Grading: Letter graded. Credits: 3 Offered: Fall/Spring Categories: Experiential Subject Areas: Dispute Resolution Theories of Conflict (3059) This interdisciplinary course introduces students to important theoretical perspectives on our understanding of conflict and conflict response. Specifically, students explore the biological/physiological, psychodynamic, social psychological, communication, and sociological/political perspectives on conflict by reading and discussing major theoretical works within each perspective. Emphasis is on comparing and distinguishing key dimensions of these theories, such as the nature and sources of conflict, conflict escalation, conflict response, and the nature of the third party role. Classes follow an interactive format. Using case studies, exercises, and group discussion to draw upon personal experiences, including those involving race and social identity, the course explores the usefulness of each perspective to understand the experience of conflict. Grading: Letter graded Credits: 2 Offered: Summer/J-Term Subject Areas: Dispute Resolution
