All Courses
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Academic Success - Class of 2024
Academic Success Canvas for STU Law Class 2024
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ALT. DISP. RESOL: ARBIT., MED
This advanced elective course covers the subjects of negotiation, mediation, arbitration, and related forms of alternative dispute resolution (ADR). This course is designed to familiarize you with the theories and practice of alternative dispute methods including negotiation, mediation, arbitration, and other settlement processes. You will become familiar with the law governing these methodologies. The class program includes a discussion of and involvement in real-world applications. You are expected to draft documents related to negotiation, mediation, and arbitration, including at the appellate stage. You will develop skills in these processes through simulation exercises, demonstrations, discussions, and videotapes. This course should be considered a meaningful component of a comprehensive trial skills program and is also valuable as a stand-alone offering designed to hone your skills in the many aspects of everyday life and practice as a lawyer. The course differs from other dispute resolution programs because it emphasizes the roles of lawyers when representing clients in virtually every capacity: as a counselor, helping clients make decisions about best approaches to resolving disputes and planning for issues that arise when structuring business relationships; and as an advocate, effectively representing clients in dispute resolution processes. The textbook is the seventh edition of Dispute Resolution: Negotiation, Mediation, Arbitration and Other Processes. Professors Kuehne and Davis will post course-related material to the DropBox link for your use during the semester. The materials may include class assignments, supplemental reading materials, questions likely to be posed during an upcoming class, and, on occasion, a teamwork project to be completed outside class for reporting during class or in a written submission. Because this is in part a skills course (as well as learning theory and law), a portion of the teaching and learning will occur in class. Your careful preparation and understanding the assigned materials will impact your learning but will also facilitate your role-playing opportunities during scheduled exercises. During the semester, special guest lecturers will present a variety of ADR topics to engage and stimulate discussions and provide guidance and practical advice. The coursework includes extensive reading, problem-solving, take-home assignments, team building, classroom presentations, and a final take-home examination. This two-credit, graded course satisfies the skills requirement. A portion of the course grade is based on prepared class participation. The overall grading is based on the take-home examination at the conclusion of the course (at least 80%) and the quality of your class participation, in the discretion of the professors (up to 20%).