This topic introduces dispute resolution systems. We will examine the distinctions between formal and informal dispute resolution mechanisms and discus why disputing parties might prefer a particularly dispute resolution mechanism. We will emphasize arbitration.
- Understand the distinction between formal and informal dispute resolution mechanisms
- Identify why a third-party neutral might be helpful to resolving a dispute
- Identify considerations for selecting a dispute resolution process
- Demonstrate a basic understanding of binding arbitration
This topic introduces negotiation advocacy. We will review concepts from Fisher and Ury’s “Getting to Yes”, and discuss practical strategies with experienced negotiators. We will discuss how technology and digital dispute systems are shaping negotiation and dispute systems design.
- Understand basic concepts of negotiation
- Identify a set of strategies for active listening
- Begin to demonstrate an understanding about how negotiation intersects with technology
This topic introduces the mediation process and mediation advocacy. Participants will analyze a mock mediation session from the perspective of a mediator and an advocate in a mediation process.
- Demonstrate an understanding of the steps of a facilitative mediation process
- Identify values and standards for mediators
- Begin to demonstrate an understanding of mediation advocacy skills
This topic introduces international arbitration and how parties seek to resolve disputes that cross national borders. This topic will discuss and examine the two main types of international arbitration, discuss the legal issues that arise in cross border disputes, and how parties bring a dispute to an international forum.
- Understand what international arbitration is and why parties might resort to international arbitration
- Understand the objectives that parties seek in international arbitration
- Understand how the New York Convention affect international arbitration and arbitration awards
- Understand the difference between “forum” and “place” in international arbitration
- Understand some of the considerations in drafting or unpacking an arbitration clause