LEGAL 222 - Alternative Dispute Resolution

5.0 Credits
Alternatives to civil litigation for the resolution of disputes (ADR). Overview of traditional ADR processes: arbitraton, mediation and negotiation, as well as nontraditional and hybrid processes. Analysis of the theoretical framework defining each process, practical skills required, ethical issues implicated in its use, and legal analysis relevant to each process. Prerequisite: LEGAL 200 or instructor’s permission.

Course Objectives
Upon successful completion of this course, students will be able to:

Analyze the negotiation, mediation and arbitration processes by identifying: participants, ultimate decision-making authorities, best alternatives given the circumstances of particular disputes, and the role that the paralegal plays in each process. [REASON]
Evaluate a client’s negotiation position in terms of the strengths and weaknesses of that client’s case. [REASON]
Describe the meaning and effect of mediation agreements and how they influence the parties’ future rights. [REASON]
Explain the advantages and disadvantages of arbitration and assist in determining whether arbitration is appropriate and/or required. [REASON]
Define the state and federal laws that govern arbitration, including court mandated arbitration. [REASON]
Examine the various non-traditional alternative dispute resolution processes and determine when they are best applied. [REASON]
Identify the ethical issues that may arise in the dispute resolution process and the professional guidelines and rules used to respond to these issues. [ACT]