Arbitration is a process that involves a third-party neutral, who is granted jurisdiction to issue “final and binding” (usually) decisions through a privately- (or sometimes legislatively-) established adjudicatory process. Although still referred to under the umbrella of “alternative” approaches to dispute resolution, arbitration has become a mainstream method for resolving conflicts. Used in the mid-twentieth century primarily for application in the collective bargaining environment, the use of arbitration has expanded into nearly every conceivable category of dispute: employment, commercial, construction, securities, domestic, and sports, among others.

This course will explore the process and practice of arbitration. Through an examination of episodes of the first season of the popular 1980s television show “Love Boat”, the course will engage students in a semester-long mock arbitration case from evidence-gathering through the hearing phase. In the process of preparing for and presenting the case, students will be introduced to readings, guest speakers (time permitting), and analytical discussions focused on fundamental arbitration concepts that will be applicable in many future settings.

Learning Objectives:

1. Become familiar with the nuts and bolts of the arbitration process.

2. Understand the legal and philosophical foundations of the arbitration process.

3. Through a simulated case, practice applying the theories and techniques of arbitration as an opportunity for reflection and evaluation.