The eLearning Center for Gatlin Education Services

Alternative Dispute Resolution (ADR) is one of the most rapidly growing fields of law. However, ADR is still often overlooked as a field of study in law schools and paralegal programs.

In these four weeks, we explore, in-depth, the various methods of dispute resolution that do not necessarily involve having to enter a courtroom.

We will examine the various methods of dispute resolution that involve individuals exclusively, that involve both parties to the conflict working together to resolve their differences and the methods that involve putting the dispute into the hands of a neutral third party.

We will also discuss the advantages and disadvantages of each ADR method, and the overall advantages and disadvantages of ADR as opposed to litigation in general.

Reading Assignments:

Reading assignments are given weekly from the provided textbooks.  Reading is also assigned from the supplementary course documents as listed below.

Supplementary Course Documents: 

Students have continuous access to these course materials via the online classroom.

• Introduction
• Unilateral Action
• Bilateral Action
• Third-Party Evaluation
• Third-Party Assistance
• Third-Party Adjudication
• Selecting a Dispute Resolution Strategy
• Westlaw Guide

Discussion Topics

Discussions are a mandatory part of the course and make up 15% of the total grade given.  They are broken down by week in the online classroom. 

Practical Assignment (required):

The Practical Assignment is posted at the beginning of Week Three and due by the end of that week.

Quizzes and Tests

All students are required to take a final test during the final week of the course. Tests are administered in the online classroom, and all answers must be submitted by the last day of class.

Grading:

Grading is calculated as follows:

Quiz	50% of final grade
Practical Assignments	35% of final grade
Participation on Discussion Boards	15% of final grade
	100% Total

Course Topics:

• Overview of Alternative Dispute Resolution
• Methods of dispute resolution
• Unilateral action
• Bilateral action
• Third-party evaluation
• Third-party assistance
• Third-party adjudication
• The participants
• The parties
• The attorney
• The paralegal
• The neutral third party
• The jury
• Unilateral Action in Dispute Resolution
• Inaction
• Inaction as a dispute resolution process
• Advantages and disadvantages
• Acquiescence
• Acquiescence as a dispute resolution process
• Advantages and disadvantages
• Self-help
• Self-help as a dispute resolution process
• Advantages and disadvantages
• Bilateral Action in Dispute Resolution
• Negotiation
• Preparing
• Selecting a strategy
• Executing the strategy
• Enforcing a negotiated agreement
• Negotiating in bad faith
• Advantages and disadvantages
• Third-Party Evaluation as a Prelude to Dispute Resolution
• Early neutral evaluation
• The process
• Advantages and disadvantages
• Summary jury trial
• The process
• Advantages and disadvantages
• Third-Party Assistance in Dispute Resolution
• Ombuds
• The Ombuds
• The process
• Ethical and legal issues
• Advantages and disadvantages
• Private mediation
• Preparing for mediation
• The process
• Enforceability of a mediated agreement
• Ethical and legal issues
• Advantages and disadvantages
• Court-Sponsored Mediation
• Court-sponsored mediation in the Federal courts
• Court-sponsored mediation in State courts
• Preparing for court-sponsored mediation
• The process
• Enforceability of a mediated agreement
• Ethical and legal issues
• Advantages and disadvantages
• Mini-Trial
• The process
• Advantages and disadvantages
• Third-Party Adjudication in Dispute Resolution
• Private arbitration
• Private arbitration as a dispute resolution process
• The process
• Baseball arbitration
• High/low arbitration
• Ethical and legal considerations
• Advantages and disadvantages
• Court-annexed arbitration
• Programs
• Comparing programs
• Preparing for court-annexed arbitration
• Advantages and disadvantages
• Mediation-arbitration
• The process
• Advantages and disadvantages
• Litigation
• The process
• Advantages and disadvantages
• Private judging
• Private judging as a matter of contract
• Private judging as authorized by law
• The social implications of private judging
• Selecting a Dispute Resolution Strategy
• Selecting a strategy before a dispute arises
• Pre-dispute arbitration provisions
• Pre-dispute mediation provisions
• Impact of non-dispute resolution provisions on the selection of a strategy
• Selecting a strategy after a dispute arises
• Creating a strategy for resolving the dispute
• Initiating the dispute resolution plan