Alternative Dispute Resolution - Basic

Alternative Dispute Resolution - Basic

Courses Tabs

Overview
CLE Hours: 
10.0
CLE Credit: 
Substantive
Course Level: 
Basic
Prerequisite: 
None
Fees: 
$75.00 for Members and $100.00 for Nonmembers
Course Materials: 
Each module contains audio/text lecture with slides to illustrate lecture points. A test covering module lecture is at end of each module; a course test reviewing module discussions is available upon completion of all modules. Includes full glossary.

Alternative Dispute Resolution gives you an overview of the broad array of methods or processes that are used to resolve disputes, their attributes, and how these individual methods are integrated into a dispute resolution strategy.

The four course modules are organized as follows:

  1. discusses the process of designing a dispute resolution strategy.  This Module considers the following steps in dispute resolution strategy planning:
    1. gathering the basic facts surrounding the dispute;
    2. applying the law to these facts;
    3. identifying and understanding the disputing parties’ procedural and substantive needs and interests;
    4. creating a range of substantive solutions that can resolve the dispute;
    5. understanding the array of dispute resolution processes and finding which of these dispute resolution processes would be available to the parties in the locale where the dispute is to be resolved;
    6. correlating these dispute resolution processes to the procedural needs and interests of the parties; and
    7. evaluating whether these dispute resolution processes may produce a solution within the range of acceptable solutions, thus meeting the parties substantive needs and interests.
  2. explores both unilateral and bilateral action in dispute resolution.  Unilateral action (inaction, acquiescence and self-help) requires only one party to resolve the dispute, whereas bilateral action requires both disputing parties, acting together, to resolve the dispute (negotiation).
  3. discusses third-party evaluation in dispute resolution.  These processes involve a neutral third party who evaluates the dispute (early neutral evaluation and summary jury trial) and the dispute resolution processes that involve a neutral third party who assists the parties in resolving their own dispute (private mediation, court-sponsored mediation, and mini-trial).  The third party neutral guides the process but does not resolve the dispute for the parties.  The parties remain in control of the outcome of their dispute.
  4. investigates third-party adjudication as a form of dispute resolution.  These processes involve a neutral third party who guides the process and resolves the dispute for the parties (private arbitration, court-annexed arbitration, litigation, and private judging).  The parties participation is limited to being a witness and to assisting counsel.  Thus the parties have lost control over the process and the outcome of their own dispute. 

This course is a condensed version of a text written by Martin A. Frey entitled Alternative Methods of Dispute Resolution and published by Cengage/Delmar Learning.  We appreciate Delmar Learning’s permission to use material from that text.  [From Alternative Methods of Dispute Resolution 1st edition by FREY/MARTIN. © 2003.  Reprinted with permission of Delmar Learning, a division of Thomson Learning: www.thomsonrights.com. Fax 800 730-2215.]

Instructor: