Course Descriptions | Pepperdine Caruso School of Law

Course Descriptions

Courses for Academic Programs at Straus Institute

 

Law 1522. Advanced Mediation Seminar (2)

This advanced course builds upon and augments the basics of mediation theory and practice
through an in-depth examination of selected aspects of the process. Students expand
and refine their skills as mediators by addressing topics such as dealing with difficult
parties, overcoming impasse, mediating with large numbers of participants, responding
to media in a mediation, using a decision-tree analysis, and employing counterintuitive
and “mindful” mediation strategies. Controversial ethical issues and public policy
concerns, such as the limits of confidentiality and expectations of procedural fairness,
are also explored through complex scenarios. The personal qualities of a mediator
and central components integral to a professional mediation practice are examined,
together with suggestions for marketing, managing and building a successful practice.
Pre-requisite: Law 1422 Mediation Theory and Practice, LAW 380 Mediation Clinic suggested Top

 Law 0404. Advanced Trial Practice (2) *

Designed as an advanced study of trial skills, this course focuses on the mastery
of direct and cross-examination of lay and expert witnesses, voir dire, opening statement,
closing argument, the use of exhibits, and ethical considerations. The class will
emphasize “learning by doing” students will actively participate in classroom exercises
and will be critiqued by other students and faculty. The class will build on those
skills learned in the basic Trial Practice or Trial Advocacy course. Each student
will prepare for and represent a client in a simulated trial. Top

 Law 0410. Appellate Advocacy (2) *

Introduction to, and in-depth study of, the appellate process including historical
and comparative viewpoints; and preservation of the record for appeal, post trial
motions, appellate procedure, and research and preparation of brief. Oral argument
is studied, including communication theory, administrative appeals, rehearings, and
petitions for certiorari.Top

Law 1672. Arbitration Law (2)*

Today, business, employment and consumer disputes in the United States are frequently
resolved outside the court system in private proceedings under the terms of agreements
for binding arbitration. Such agreements are now broadly enforced by federal and state
court decisions, and in recent years a substantial body of law has developed around
arbitration. This course introduces students to the range of issues now addressed
by the Federal Arbitration Act and state arbitration laws. Topics include the preemption
of state law by federal law, the enforcement of arbitration agreements and arbitrators’
decisions (awards), legal standards surrounding disclosures of potential conflicts
of interest by arbitrators, and fairness issues in arbitration under employment and
consumer contracts. Only Available to Law Students, Law School Graduates and LLM Candidates Top

 Law 1642. Arbitration Law in the Securities Industry (2)

This class will examine arbitration law, practice and advocacy skills within the context
of investor disputes. The course will focus both on procedural rules that govern securities
arbitration as well as the substantive law underlying securities arbitration. The
course will also emphasize the practical aspects of securities arbitration including
case evaluation, FINRA rules, historical and current common claims against brokerage
firms, defenses raised by brokerage firms, selection of arbitrators and practical
advice on filing cases. In addition, the course will emphasize current trends in securities
arbitration law. This course is a prerequisite to a student’s invitation to participate in the Investor
Advocacy Clinic. Students who take Arbitration Law in the Securities Industry are not eligible to take Law 1672 Arbitration Law. Top

Law 1632. Arbitration Practice and Advocacy (2)

Today many business and employment disputes are resolved through out-of-court binding
arbitration processes. This intensive, interactive course is designed to provide students
with a practical grounding in counseling and advocacy skills required for state-of-the-art
arbitration practice through problems and exercises simulating common arbitration
scenarios in which students play the parts of lawyers, arbitrators and parties. Students
learn how to draft dispute resolution agreements for arbitration and how to advise
clients on many different aspects of arbitration, including the suitability of arbitration
as an alternative to negotiation, mediation or litigation. They also experience advocacy
roles at all stages of arbitration, including the filing of an arbitration demand,
the selection of arbitrators, planning for and conducting hearings, the publication
of a final decision (award), and the enforcement or setting aside of an award. The
course emphasizes modern commercial and employment arbitration in the U.S. but also
includes references to international, consumer, securities and labor arbitration.Top

Law 2932. Capstone Mock Arbitration (2)

In the context of one of the several organized international arbitration competitions,
such as the VIS Arbitration Moot, students will be required to prepare both oral and
written submissions and to perform as counsel, (and as arbitrators and experts in
practice rounds) at a hearing on the merits of similar event occurring in a complex
international arbitration. Case studies and briefing deadlines will be supplied by
the competition organizers. Top

Law 1902. Cross-Cultural Conflict and Dispute Resolution (2)

This course surveys the impact that cultural differences, stereotypes and attributions
have on key dispute resolution processes, and on conflict generally. It is designed
to build theoretical knowledge, to equip students with an analytical framework useful
in determining suitable dispute resolution processes, and to instill practical skills
and strategies to enhance effectiveness in cross-cultural contexts. Cultural differences
in language, customs, values, legal systems and world-views are examined along various
dimensions: orientation towards the individual or the collective community, importance
of career success over quality of life, deference to authority,  long vs. short term
orientation, extent to which expectations for behavior are implicit or expressed,
perceptions of time and personal space, and aversion to risk.Top

Law 2362. Current Issues in International Dispute Resolution (2)

This course is a study-abroad program that will provide an introduction to international
alternative dispute resolution in a particular region of the world: Europe, Asia,
Latin America, or North America. The course will focus on the laws, practices, and
institutional framework of international alternative dispute resolution in the respective
region of study.Top

London/Geneva

Participants in this course will study dispute resolution in two of the most important
cities in the world. In London, the focus will be on commercial international dispute
resolution, and in Geneva participants will learn about public dispute resolution
systems through classes and site visits.Top

Hong Kong/Beijing

Participants in this course will study the impact of culture on dispute resolution
in two of the most vibrant cities in Asia. This program will focus on the cultural
nuances of Asian and the United States as they impact the three main ADR processes:
negotiation, mediation and arbitration. Participants will learn from U.S. and Asian
professionals who have successfully negotiated, mediated and arbitrated matters between
American and Chinese concerns.
Top

Law 1282. Dispute Resolution and Religion (2)

This course explores conflict in the context of religion, with a focus on how religious
beliefs can generate and affect conflict as well as provide guidance on its resolution.
It examines special considerations important in managing religious disputes and unique
factors to be taken into account when facilitating the resolution of conflicts set
within the context of religious organizations, including those that do not involve
religious issues per se. Techniques to help parties integrate their own religious beliefs into their approaches
to conflict are given special emphasis. The course uses the Judeo-Christian perspective
as a starting point for examining other religious heritages, to gain an appreciation
for how various religious beliefs can influence an individual’s approach to conflict
resolution and reconciliation and how religion contributes to regional and international
political strife.Top

Law 1912. Dispute Resolution in Education (2)

This advanced course examines conflict in the educational environment with a focus
on devising and implementing age-appropriate strategies for its prevention, management,
and resolution at all levels of education, from pre-kindergarten through university.
Conflicts between and among students, faculty, parents, administrators, school boards,
governmental entities and community groups are addressed, including those arising
out of local, state, and federal mandates and entitlements. Commonly disputed concerns
receiving special emphasis include: equal access to education, violence, safety, and
discipline, faculty hiring, promotion and tenure, discrimination and sexual harassment,
individual educational plans for special needs students, local school governance,
curricular issues such as intelligent design vs. evolution, and public support for
extracurricular activities. Peer mediation programs and other internal dispute resolution
processes prevalent in educational institutions are also explored. Pre-requisite: Mediation Theory and Practice OR Alternative Dispute Resolution
Top

Law 042/043. Dispute Resolution Law Journal (variable)

Members of the staff receive credit for their work on the Dispute Resolution Law Journal.
The amount of credit will vary according to the number of semesters in which a student
participates. No credit is awarded until the student has fulfilled the commitment
to the journal, at which time a grade will be assigned to the credits based on the
student’s performance. All members are required to write publishable articles and
to do editorial and staff work.Top

Law 1932. Divorce and Family Mediation (2)

This advanced course explores conflicts that arise in the context of families, with
emphasis on negotiating and mediating issues surrounding marital separation and divorce.
It is designed to equip students with the strategic judgment, skills and sensitivity
needed to help parties build consensus on matters such as child custody, visitation,
division of property, spousal support, and child education and support. Relevant emotional
concerns, such as feelings of betrayal and loss, are examined, along with techniques
for addressing them. Special considerations surrounding high conflict families, domestic
violence, spousal or child abuse, and “move aways”, as well as ethical issues related
to power differentials, court-mandated mediation, collaborative law and mediator certification,
are also covered. Pre-requisite: Mediation Theory and Practice OR Alternative Dispute ResolutionTop

Law 1242. Environmental and Public Policy Dispute Resolution (2)

This advanced course examines the consensual processes used to resolve public policy
disputes, particularly those concerning environmental and community impact, natural
resources management, and land use and regulation. It is designed to equip students
to strategically facilitate understandings among large constituencies with divergent
interests through, for example, identification of stakeholders, selection of appropriate
spokespersons, management of multiple participants, acquisition of approval from public
sector entitles, and coordination with elected officials. Negotiated rule-making and
the 1990 Administration Dispute Resolution Act are also covered. Pre-requisite: Mediation Theory and Practice OR Alternative Dispute ResolutionTop

Law 2922. Ethical Considerations in International Arbitration (2)

This course explores the ethical considerations affecting the work of arbitrators,
counsel and experts in international arbitration. Issues will include the arbitrator
obligations of independence and impartiality, conflicts of law problems facing counsel
in transnational arbitration, practice restrictions governing the work or arbitrators
and counsel in international arbitration and texts bearing on the unification of ethical
standards.  Top

Law 2392. Faith-Based Diplomacy and International Peacemaking (2)

This course integrates the dynamics of religious faith with conflict resolution, religious
faith, and intractable identity-based disputes in the international context. The course
will address related issues involving international diplomacy, nation-to-nation negotiation,
and treaty-making. It will consider whether religion, or shared religious core values,
may be a catalyst for peacemaking and reconciliation. It will consider how conflict
intervention practices may be combined with international conflict resolutions principles
to develop a religious framework for peacemaking that may contribute to the success
of official “track one” political negotiations. This course is recommended for students
interested in identity-based international dispute resolution and/or resolution of
religiously-based conflict. Top

Law 372. International Commercial Arbitration (2-3) (also offered in London)

This course provides a comprehensive overview of international arbitration law and
practice. Topics explored include the making and enforcement of arbitration agreements;
the selection and appointment of the arbitral tribunal; preliminary proceedings, including
procedural orders and interim relief; the arbitration hearing; and the making and
enforcement of the arbitral award. Particular attention is paid to the enforcement
of arbitration agreements and awards, the role of the New York Convention on the Recognition
and Enforcement of Foreign Arbitral Awards and other treaties, and their interplay
with national laws as a backdrop for private arbitration agreements.Top

Law 2912. International Commercial Arbitration and the National Courts (2)

This course studies the complementary and sometimes antagonistic role of national
courts in the international arbitration process in light of treaty mandates, internationally
recognized jurisdictional limits, arbitral legislation and case law doctrine. The
focus is on comparing court decisions in the United States with decisions from various
other jurisdictions.   Top

Law 2832. International Commercial Arbitration Theory and Doctrine (2)

This course is a study of foundational principles, assumptions and debates associated
with international commercial arbitration. On a comparative basis, the course examines
sources of law and guidance including national legislation, treaties, institutional
rules and soft law texts. The course will also explore common precepts of international
importance such as party autonomy, the efficacy of international arbitral agreements
and awards, the role of the arbitral seat, the severability of the arbitration clause,
jurisdictional competence of the arbitral tribunal, and the independence and impartiality
of arbitrators.   Top

Law 2902. International Commercial Arbitration Procedure and Practice (2)

This course studies prevailing procedural models common to international commercial
arbitration in light of common law and civil law traditions, the role of institutions,
party autonomy and emerging best practices. Students consider both pre-dispute planning
and post-dispute strategies for ensuring effective proceedings that will lead to enforceable
awards. The course stresses the critically important interplay among counsel, the
arbitrators, arbitral institutions and the courts. Students also are introduced to
the rudiments of successful advocacy. Top

Law 2133 International Investment Disputes (2)

This course addresses the treaty-based systems established to allow foreign direct
investors and host states to arbitrate disputes arising from alleged breaches of international
law. In addition to examining the major treaties affecting the field, the course will
survey the many important doctrines bearing on tribunal jurisdictions, claim admissibility,
and the enforcement of awards against a state. Matters of process design will also
be considered. Top

Law 270. International Litigation (2) *

Designed to be a seminar, the course combines lecture and problem solving in addressing
the following topics. Basic choice of law and choice of forum analysis, international
judicial assistance (service of process and discovery abroad), enforcement of judgments
internationally, alternative dispute settlement mechanisms (conciliation and arbitration),
enforcement of arbitration awards, prejudgment remedies, and sovereign immunity.Top

Law 1712. Interviewing, Counseling, and Planning (2)

This course develops the craft of the lawyer in client interviewing and counseling.
It examines the theoretical framework and strengths and weaknesses of prevailing models
of attorney-client relationships with a focus on planning and decision-making. Authoritative,
client-centered, and collaborative approaches are explored and compared. The class
also examines principles of moral responsibility underlying this critical aspect of
a lawyer’s role. Emphasis is on learning competent and ethical interviewing and counseling
skills through simulated exercises, case studies and discussions.Top

Law 2942. Introduction to U.S. Law (2)

A study of distinctive features of the United States legal system designed for graduates
of non-U.S. law schools. The course examines U.S. constitutional structure, doctrines
delineating the respective roles of the state and federal systems, prominent legal
institutions, sources of law and the common law method. Distinctive elements of American
legal practice will also be considered.   Top

Law 330. Investor Advocacy Clinic (2 – 4)

The Investor Advocacy Clinic is available to students by invitation only and provides
representation for under-served clients with securities disputes (claims under $100,000).
Students will provide representation, under the supervision of the Clinic faculty,
from initial client contact through confirming or vacating arbitration awards in court.
Students will interview potential clients, meet with clients and/or adversary attorneys,
draft statements of claim, prepare discovery, respond to discover, attend pre-hearing
conferences and mediations, and try arbitration cases. The Clinic director will attend
all arbitration hearing and pre-hearings sessions with the students. Students will
develop essential lawyering skills, substantive legal knowledge and professional responsibility
while representing client. Clinic students are required to attend weekly 2-hour seminar
as well as commit a minimum of 4 hours per week on a variety of tasks. Please note
that students need to be willing to commit up to 16 months to see their cases to culmination.
Units of credit are based on 52.5 hours of work per credit. Top

Law 1300. Lawyering Process (3) *

This course is designed to give students a “hands-on” experience in making lawyering
decisions, relating to clients, and researching and drafting documents typically used
in the civil litigation process. Students handle and develop several fictitious case
files and are expected to research and draft such diverse assignments as opinion letters,
complaints, answers, pretrial motions, discovery requests, and motions for summary
judgment. Students are given instruction and feedback regarding the lawyering techniques
involved in client counseling, legal research, legal analysis and writing, and advocacy.Top

Law 380. Mediation Clinic (2)

This practicum offers students the opportunity to actually apply mediation theory
in context and to enhance their mediation skills by serving as the mediator in numerous
small claims court cases and other referred disputes. Students share the specifics
of their mediation experiences in class and receive feedback on their strategic and
tactical choices, as well as on their tone and demeanor. This critical review is designed
to cultivate and refine advanced mediation skills. Students must be available to mediate
six hours per week during normal business hours. Pre-requisite: Mediation Theory and Practice Top

Law 1422. Mediation Theory and Practice (2)

This course explores the various theories underlying and practices basic to mediation.
The mediation process is organized into a series of stages, and basic mediation skills
and techniques appropriate to each stage are identified and cultivated. Simulations
and experiential exercises provide students with an opportunity to develop proficiency
as mediators and to rigorously analyze appropriate roles and behavior as mediators
and advocates taking into account the legal, ethical and public policy issues surrounding
the practice of mediation.  Top

Law 1492. Negotiation Theory and Practice (2)

This course examines the theory and practice of negotiation as a process used to put
deals together or to resolve disputes and legal claims. Students learn about competitive
positional bargaining and collaborative problem solving and acquire insight into the
strategic management of the tension between the two approaches. Through simulated
exercises, students develop skills and confidence as negotiators, including an awareness
of the psychological encouragements and barriers to consensus. Special challenges
of multi-party negotiations are addressed with an emphasis on the attorney-client
relationship, including applicable ethical standards, codes, and law. Top 

Law 2952. Psychology of Conflict Communication (2)

This course explores psychological phenomena, the frameworks for analyzing conflict
that results from these phenomena, as well as conflict resolution communication skills
to address these phenomena. This course is designed to provide insights from areas
of cognitive and social psychology, neuro-collaboration, and communication theory
and apply those insights to dispute resolution, lawyering, and negotiations. Topics
include paradigms for the sources of conflict; escalation and de-escalation theory;
the physiology of conflict; managing personalities in conflict resolution, both “regular”
and “high conflict” personalities; emotional intelligence competencies and conflict
resolution; exposure to the cannon of personality instruments including MBTI and TKI;
the myth of rationality and decision-making; cognitive biases; neuropsychology including
empathy, mirror neurons, and memory; trust and altruism; persuasion, rhetoric, dialogue,
narrative paradigm, and linguistics; power, threat, and face-saving; and anger and
the limits of argumentation and rationality.

Law 2108. Restorative Justice (2)

This course explores the restorative justice movement, a systematic approach to criminal
justice that emphasizes repairing harm caused or revealed by criminal behavior. Restorative
justice incorporates aspects of alternative dispute resolution and civil law into
criminal matters in furtherance of its overarching goals of healing and reconciliation.
The course considers where the movement originated, how it has developed in the past
twenty years, the opportunities and challenges it confronts, and specific ways in
which it can be woven into and implemented as part of the criminal process.Top

Law 2282. Selected Issues in Dispute Resolution

This course is a general category designed to accommodate and include a broad range
of narrowly focused dispute resolution courses, each with its own specific emphasis.
Examples include in-depth examination of dispute resolution theory, processes, customs
and practices as applied to the following contexts: employment law; labor unions;
entertainment industry; and healthcare. Pre-requisite: Mediation Theory and Practice OR Alternative Dispute Resolution. Top

Law 2282. Selected Issues in Dispute Resolution – Apology, Forgiveness and Reconciliation
(2)

This class will examine each of the themes of apology, forgiveness, and reconciliation.
A spectrum of definitions and meanings of each theme will be explored. A variety of
approaches on how to implement each theme will be discussed. The material will be
addressed from the context of governing our own lives, providing professional advice
to another as an advocate, and serving as a mediator. Class material will include
religious and nonreligious perspectives on these themes.Top

Law 2282. Selected Issues in Dispute Resolution – Employment Dispute Resolution (2)

This course will address protocols for resolving disputes in the non-unionized workplaces.
The class will discuss unique concerns originating from the negotiation, mediation,
and arbitration of employment claims like race, age, gender, and religious discrimination,
sexual harassment, wage hour class actions, American with Disabilities Act violations,
worker’s compensation, whistle-blowers, Family and Medical Act, occupational safety
requirements, and wrongful termination, EEOC dispute resolution programs, internal
dispute resolution system for employees and the growing trend of Ombuds offices. Top

Law 2282. Selected Issues in Dispute Resolution – Dispute Resolution in Entertainment
(2)

This course focuses on how disputes are resolved in the entertainment industry through
mediation and arbitration. A broad range of contexts, such as motion pictures, television,
music publishing and records, as well as sports and the arts, form the backdrop for
the examination of various cases and simulations. ADR is explored from the point of
view of house counsel, business affairs executives, outside counsel, transactional
attorneys, litigators, mediators, arbitrators, agents, creative executives, union
representatives, performers, artists and Olympic athletes. Students gain familiarity
with details of established dispute resolution programs. Programs include Entertainment
Panel of American Arbitration Association (AAA), Independent Film & Televisions Alliance
(IFTA), Arts Arbitration and Mediation Service (AAMS), Writer’s Guild of America (WGA),
Court of Arbitration for Sport (CAS), NCAA and professional sports leagues dispute
resolution protocol. The course also addresses entertainment industry acceptance of
ADR, ethical issues, blended ADR processes, international issues, entertainment industry
style and subculture, and practice tips.Top

Law 2282. Selected Issues in Dispute Resolution – Developing the Demand and Supply
Side of a Mediation Market

This course will address the proven systematic recourse to mediation which improves
access to justice, the trade and economic growth of a country, and attracts foreign
investments. Unfortunately, in many jurisdictions, the mediation market is still in
its infancy. Many international consultancy projects on the promotion of mediation
didn’t accomplish concrete results due to the lack of a proven methodology and inexperienced
consultants as designers and implementers of the project. The course will provide
students with the knowledge necessary to design and implement a Roadmap to developing
the demand side of mediation and at the same time increase the quality of the mediation
services in a jurisdiction. Students will learn how to write proposals for international
tenders to donors (World Bank, USAid, EBRD, EU, etc.), Governments and Ministries
of Justice..To

Law 2282. Selected Issues in Dispute Resolution – Employment Dispute Resolution (2)

This course will address protocols for resolving disputes in the non-unionized workplaces.
The class will discuss unique concerns originating from the negotiation, mediation,
and arbitration of employment claims like race, age, gender, and religious discrimination,
sexual harassment, wage hour class actions, American with Disabilities Act violations,
worker’s compensation, whistle-blowers, Family and Medical Act, occupational safety
requirements, and wrongful termination, EEOC dispute resolution programs, internal
dispute resolution system for employees and the growing trend of Ombuds offices.Top

Law 2282. Selected Issues in Dispute Resolution – Ethical and Practical Challenges
in Conflict Management (2)

This course will address protocols for resolving disputes in the non-unionized workplaces.
The class will discuss unique concerns originating from the negotiation, mediation,
and arbitration of employment claims like race, age, gender, and religious discrimination,
sexual harassment, wage-hour class actions, American with Disabilities Act violations,
worker’s compensation, whistle-blowers, Family and Medical Act, occupational safety
requirements, and wrongful termination, EEOC dispute resolution programs, internal
dispute resolution system for employees and the growing trend of Ombuds offices.Top

Law 2282. Selected Issues in Dispute Resolution – Healthcare Dispute Resolution (2)

This course will provide a framework for understanding dispute resolution in health
care by exploring various conflicts and suggest conflicting issues affecting various
stakeholders in the US health care delivery system. This course analyzes the view
of positions, interests and possible creative solutions of patients, physicians, nurses
and allied staff, hospital administrators, managers of corporations responsible for
claims of hospitals, managed care organizations, employers and private and public
sector regulators. Students will reflect on themes like the implementation of quality
initiatives, cost control management, disruptive physicians, regulatory compliances,
and employee/patient/physician satisfaction.Top

Law 2282. Selected Issue in Dispute Resolution – Identity-Based Conflict and Dispute
Resolution (2)

This course transports students to the higher level considering the international
arena of conflict resolution. Identity-based ethnic conflicts (between “us” and “them”)
are powerful passionate expressions of societal disenchantment potentially destroying
communities and governments, from the grassroots level to the seats of government.
Students will learn that such conflicts also present opportunities for transformation
and creativity into productive relations between the level of grassroots civil society
and those who seek to govern. The historical identity-based ethnic conflict between
Greek and Turkish Cypriots on the eastern Mediterranean island of Cyprus will be the
case study for the course.Top

Law 2282. Selected Issues in Dispute Resolution: Intellectual Property Disputes (2)

The United States leads the world in the creative and inventive arts. Movies, music,
literary works, gaming, computer software, innovative technology and innovative brands
are our most valuable commodities. Our intellectual property law protects the authors,
inventors and sellers who create these copyrightable works, patentable inventions
and unique trademarks. Intellectual property lawsuits have exploded over the last
decade, and they will continue to proliferate. Trained mediators capable of mediating
complex copyright, patent and trademark disputes are in high demand. In this course,
students will be taught what they need to know to competently and successfully mediate
intellectual property disputes. Students will receive summary instruction on substantive
intellectual property law necessary to be able to understand and participate in simulated
mediation sessions. Students will participate in interactive discussion on how dispute
resolution theories and methods can be customized and applied to maximize the likelihood
of a successful mediation of complex intellectual property disputes. Top

Law 2282. Selected Issues in Dispute Resolution: Labor Disputes (2)

This course focuses on the customs and practices related to negotiation, mediation,
and arbitration in the labor-management arena. Students will learn the negotiation
norms and best practices in collective bargaining agreements. The class will address
the negotiation, mediation, and arbitration of various types of allegations of breach
of a collective agreement (grievances) as well as the usual culture of how to resolve
disputes not covered by the collective bargaining agreement, such as personality conflicts
between union members. The class will also explore from the inevitable conflicts that
arise when a union is trying to organize a union and in the event of a strike, both
a management and union leadership perspective.Top

Law 2282. Selected Issues in Dispute Resolution – Online Dispute Resolution (2)

This course will consider how the Internet can assist dispute resolution both as an
augmentation to, and, in some cases, replacement of traditional face-to-face dispute
resolution processes. It will discuss opportunities for integrating the Internet into
comprehensive dispute resolution system design and how courts, agencies, corporations,
organizations, and individuals may consider utilizing the power of the Internet for
dispute resolution. Course participants will consider the extent to which the Internet
is an extension of traditional dispute resolution and the extent to which it offers
unique qualities and opportunities for dispute resolution. It will consider ethical
and policy issues and what the future may hold. The full range of currently available
Internet technologies will be reviewed and made available for exploration. The course
will include simulated online negotiation, mediation, and arbitration exercises. Top

Law 2282. Selected Issues in Dispute Resolution – Ombuds (2)

This course will explore the theory and practice of ombuds and ombuds programs. These
programs are being created at a quickening pace. Our goal is to provide a thorough
background that could be used in making a decision about establishing an ombuds program
or in examining ombuds practice as a personal career direction. This course is organized
around a series of questions: 1. What is ombuds? A general overview of the concept
and it evolution. 2. Why does ombuds work? A review of the theory of third party intervention
in conflict. 3. How does ombuds work? A survey of ombuds practice with opportunities
to try it out. 4. How can ombuds get wide institution/constituency support? An exploration
of best programmatic practices for building strong and enduring programs. 5. What
are the issues that arise in ombuds practice? An open-ended discussion of the current
opportunities and challenges in the profession. Time will be spent in a variety of
activities: presentation, discussion, brainstorming, and skills practice. Top

Law 2282. Selected Issues in Dispute Resolution – Resolving Conflicts and Systems
Design for Organizations and Corporations (2)

The course addresses the theory and practice of dispute systems design, defined as
the intentional organization of resources and procedures, which interact with each
other, to prevent, manage, deescalate and resolve disputes. The course will present
some of the main existing contexts in which dispute systems design is applied worldwide,
such as claims resolution facilities and compensation programs stemming from tragedies,
business to business and business to consumers initiatives, early case assessment
and resolution procedures for corporations and organizations, online dispute resolution
schemes, community, government and trans-jurisdictional initiatives and integrated
conflict management systems in workplaces and other organizational settings. The course
is designed to offer a response to the growing needs of businesses, institutions,
organizations, communities and governments for less costly and more humane ways of
dealing with disputes. Every institution, organization or environment at large has
an existing dispute resolution system, that may vary according to different shades
of formality, thoughtfulness, effectiveness and efficiency. Lawyers in the 21st Century
are being called upon to help improve institutions and organizations and become dispute
resolution processes “architects”, instead of simply acting at already distressed
stages of disputes, following blindly and repetitively the established protocols and
procedures for late and isolated negotiation and litigation.

Law 2282. Selected Issues in Dispute Resolution: Settling Mass Torts (2)

This course is an advanced study of the issues involved in the mediation and management
of mass claims. Recognizing that mass claims have unique considerations the class
will focus on the following topics: the life cycle of a mass claim; maturation of
a mass claim; methods of resolution; and macro and micro considerations for the design
of a settlement. The course will consider the implementation of a mass-claim settlement
as a potential ongoing mediation process. Students will examine case studies and participate
in simulated exercises and discussion on emerging issues in mass-claim resolution.
Top

Law 2282. Selected Issues in Dispute Resolution: Strategic Alliances

Alliances or Business Relationships are the critical success factors that bring great
innovation to the market fast, enable successful new market penetration as well as
the amortization of R&D investment with suppliers or joint venture partners. This
fast moving and substance packed class will enable you to understand how to use Alliances
to achieve both your personal and your organizational goals. Whether as an individual
entrepreneur or practitioner,a corporate executive or a non profit one, you will learn
how to use a systematic framework, process and tools for planning, forming, operating
and reviewing your business relationships, and develop personal skills in relationship
management and conflict resolution for both simple and complex multilateral and consortia
based relationships. You will learn the secrets of supplier and customer relationship
management and how to re-launch a failing alliance as well as terminate one that must
end. The class is highly interactive with case studies, breakout sessions, games and
simulations.

Law 1172. Trial Preparation and Settlement – Civil (2) *

Preparation of the trial from the first interview with the civil client; investigation
of the facts; choice of forum; practical aspects of discovery; importance of depositions
and how to conduct them; preparation of witnesses for discovery and trial; preparation
of trial file; and settlement negotiations. Prerequisite: Law 904 Evidence. Top

Law 1171. Trial Preparation and Settlement – Criminal (2)*

Preparation of the trial, including: the arrest, charging and bail; case investigation
and jury instructions; interviewing witnesses, victims, and the defendant; pretrial
motions; jury voir dire and profiling; plea bargaining and sentencing; and settlement
negotiations. Prerequisite: Law 904 Evidence and Law 822 Criminal Procedure. Top

Law 402. Trial Practice (3) *

A study of the methods and procedures of counsel in various aspects of trial. Students
will actively participate in direct and cross examination of witnesses, making objections,
methods of impeachment, use of depositions, introduction of exhibits, the importance
of ethics, decorum, and personal mannerisms in the courtroom. Participation in complete
practice trials, learning through actual experience. Prerequisite: Law 904 Evidence.Top

* Courses intended for lawyers or law students only.
** Courses intended for non-lawyers or non-law students only.