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Examines various dispute resolution techniques, including negotiation, mediation, arbitration, minitrials, and negotiated rule making, as alternatives or supplements to court litigation and administrative agency adjudication. Tactical and ethical issues as well as emerging legal and public policy issues, e.g., use of mandatory arbitration clauses, will be covered, and student participatory role-plays will be used extensively to give the course a practical dimension.
Textbooks and Other Materials
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This course will mainly rely on Menkel-Meadow, Love, Schneider & Sternlight, Dispute Resolution: Beyond the Adversarial Model (2nd Edition, Aspen, 2011), a course book that draws together excerpts from a range of valuable books, cases and journal articles.
First Class Readings
Harvard Business Essentials: Negotiation (Boston, HBS Press, 2003), 14-27 (key concepts) (14 pages). R. Fisher & W. Ury, Getting to Yes: Negotiating Agreement Without Giving In (2nd Edn) (Penguin 1991), 40-55 (interests not positions) (16 pages). Recommended: Beyond the Adversarial Model, 105-107 (interests not positions), 109-111 (negotiation styles), 128-130 (setting optimistic, justifiable targets), 139-140 (reciprocity), 152-154 (analyzing conflict), 170-175 (integrative agreements), 180-181 (reactive devaluation) (36 pages).
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