Alternative Dispute Resolution
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Introduction to Forms of Alternative Dispute Resolution Negotiation Positioning - Problem Solvers Cooperate, Adversaries Compete The Legal Professional as a Negotiator - Ethical Considerations Negotiating Deals Absent Disputes, Settlement Agreements & Special Settlements
Overview of Alternative Dispute Resolution
History of Alternative Dispute Resolution
Negotiation Overview
Mediation Overview
Arbitration Overview
Negotiation Generally
Adversarial Positioning & Distributive Bargaining
Cooperative Negotiators
Cooperative Negotiation & The Prisoner’s Dilemma
Model Rules of Professional Conduct
Negotiator’s Duties to Client - Model Rule 1.4
Negotiator’s Duties to Client - Model Rule 2.1
Negotiator’s Duties to Others – Model Rule 4.1
Negotiator’s Duties to Others – Model Rule 4.2
Negotiator’s Duties to Others – Model Rule 4.3
Making Deals Cooperatively and Competitively
Drafting a Valid Settlement Agreement
Special Settlement Agreements
Mediation: How It Works Mediation: Case Studies Arbitration Arbitration: Case Studies
Mediation – What It Is and What It Is Not
Advantages and Disadvantages of Mediation
Mediation Structure
Hypothetical Mediation Scenario
The Clergy Cases & Meddlesome Mediators
The Foxgate Case – Good Faith & Confidentiality
Arbitration’s History Prior to the Twentieth Century
The Rise of Arbitration Legislation
Arbitration Vs. Mediation
Arbitration Vs. Litigation
High-Low Arbitration
Court-Annexed Arbitration
Arbitration: Case Studies