Categories: Law Practice Skills


Carne, Danielle

Course Data

Room 3253
T 5:40pm-7:40pm

Pass/Fail: Yes

Course Description

Mediation is a technique in which a third-party neutral supports negotiations between disputing parties in a manner intended to maximize opportunities for voluntary resolution. Arbitration is also a process that involves a third-party neutral, who is given jurisdiction to issue final and binding decisions through a privately-established adjudicatory process. Although still referred to as “alternative” approaches, arbitration and mediation have become mainstream, widespread methods for achieving the resolution of disputes and the development of desired outcomes. Developed in the mid-twentieth century for application in the collective bargaining environment, the techniques have expanded into nearly every conceivable category of dispute. The use of the processes is now prevalent in the business, medicine, construction, securities, sports, and human resources industries, among others; they are common vehicles for resolving environmental disputes and developing public policy; and they are well-incorporated into civil and criminal justice systems worldwide. Participation in such processes are sometimes voluntary and sometimes compulsory. They are the product of both private agreements and legislative mandates.

This course examines the theory and practice of mediation and arbitration as dispute resolution processes. The course will feature foundational readings regarding underlying theories that drive the processes. Further, it will feature multiple simulations that will give students an opportunity to practice mediation and arbitration in the classroom. Arbitration simulations will occur in the form of scrimmages against law and graduate-level students at Cornell University. The course will also feature guest appearances by speakers who have professional experience in the area of mediation and arbitration.

Learning Objectives:
1. Know the nuts and bolts of the mediation and arbitration processes in practice.
2. Understand the legal and philosophical foundations of the processes of mediation and arbitration.
3. Using simulated cases, apply arbitration and mediation theories and techniques and use those experiences as opportunity for reflection and evaluation.

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