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ADR Courses

ADR and EthicsCredits: 2Type: SEM
One of the most dramatic developments in the fields of law in the past 20 years has been the development of an ethical infrastructure within ADR, which continues to evolve. Critical and complex issues relating to various aspects of ADR processes are coming to the foreground at an increasing rate. This course will examine the myriad of ethical issues arising in negotiation, mediation, arbitration and other ADR processes from the viewpoint of the neutral and the lawyer as advocate. These issues include required disclosure, conflicts of interests, confidentiality, and unauthorized practice of law. Both U.S. and international developments will be surveyed, including applicable codes of ethics. The course will also explore the lawyer's role to advise clients of ADR options and the role of provider organizations.
Additional information: This course may be used to satisfy the Professional Responsibility course requirement.
ADR in Public EmploymentCredits: 2Type: SEM
ADR in Public Employment is a dynamic and growing area of practice. The seminar focuses on the use of negotiation, mediation, fact-finding and arbitration (interest and grievance) by public employees, unions and employers. We will discuss national trends, generally, and case law under the New York State Taylor, Civil Service and Education Laws, specifically. The seminar also emphasizes the development of ADR legal skills in public sector labor and employment law. In teams, we will prepare and present mock negotiations, and mediation and arbitration cases based on fact patterns from the instructor's ADR practice. The final paper will be a post-hearing brief in the mock exercise or a research paper on a timely topic in public employment.
Alternative Dispute ResolutionCredits: 3Type: SEM
Traditionally, law students are invited to consider adjudication as the most significant and acceptable, if not the sole means of resolving disputes. Yet, we know that the resulting picture distorts the social reality and the role of the lawyer in contemporary America. Other processes are available, and are increasingly turned to for resolving disputes. Moreover, even in ordinary litigation, most cases are never finally adjudicated but are settled after negotiation between the parties or with the helping nudge from the judge. This course will give the student both a survey and a chance to work through simulations of the variety of dispute resolving processes that are currently employed by lawyers and others in America today.
Does this course satisfy the writing requirement? No
Does this course satisfy the skills requirement? No
ArbitrationCredits: 2 or 3Type: SEM
Arbitration PracticeCredits: 3Type: SEM
I have expanded the number of credits for this course in order to provide students with more skills development with respect to the drafting of arbitration agreements, distinguishing arbitration from other ADR processes, and conducting arbitration hearings, including the pre-hearing stage. Grades will be based on class participation and a final paper and/or take home examination. The Paper may satisfy the school's writing requirment.  I expect to be assisted in the course by Adjunct Professor Joel Davidson and several outside speakers, including the present and former general counsel of the American Arbitration Association.
Does this course satisfy the writing requirement? No
Does this course satisfy the skills requirement? Yes
When is this course offered? Fall and Spring semesters
Additional information: The grade in the seminar will be based on a take home examination and class participation.
Catholic Perspectives on Conflict ResolutionCredits: 2Type: SEM
This two credit seminar offers an historical and contemporary account of Catholic perspectives on conflict resolution, war and peace.  It examines the evolution of the just war theory from St. Augustine until the present time with particular emphasis on papal documents.  Other topics for the course include:  the role of the Holy See in international relations and in transitional justice regimes; Catholic peacemaking and peace building traditions; U.S. Catholic approaches to war and peace; the doctrine of humanitarian intervention; Catholic international mediation efforts; and, Catholic non-violence theory.
Commercial ArbitrationCredits: 2Type:
Deals with the law and the practice of public and private arbitration in the United States and its place in the legal system as an alternative method of dispute settlement. Included is a study of commencing arbitration, notice, choosing arbitrators, the hearings, enforceability of agreements and awards, the relationship of federal and state arbitration laws, and selected problems in compulsory labor, international, commercial, and uninsured motorist arbitration. Emphasis is placed on the areas of actual use from legal practitioner's point of view.
Does this course satisfy the writing requirement? Yes
Cross Cultural NegotiationCredits: 2Type: SEM
Dispute Resolution Systems Design for Educational InstitutionsCredits: 3Type: SEM
A 3-credit course, offered in conjunction with the Feerick Center for Social Justice, providing fieldwork experience as well as a potential internship opportunity. Topics include basic principles of corporate governance with an emphasis on not-for-profits and private education. Students will be trained to act as facilitators by experienced practitioners for the first regional school boards for the primary educational system of the Archdiocese of New York City. The course will provide students with the opportunity to attend board meetings and interview board members. The class will host speakers including leaders from public and non-profit organizations.
 
Transformative changes are taking place in the Archdiocese of New York City in connection with its primary educational system.  This course will provide students with the opportunity to be part of implementing this new system of governance. The archdiocese includes approximately 119 regional schools with enrollment of over 50,000 students.
International ADR Development, Systems Design & Problem-Solving: GhanaCredits: 3Type: SEM
This seminar, to be offered for the first time, is an exciting opportunity for students to learn about international ADR, the use of ADR in Africa and develop a practical training program on ADR to be offered in the summer of 2012 in Ghana, West Africa (students attending this course will have the opportunity to travel to Ghana in August 2012 to assist in the implementation of the training program and their expenses will be fully covered, subject to funding availability).

The course will be structured as follows:

1)     Overview of international ADR;

2)     ADR in Africa;

3)     ADR: design of training program on ADR for Ghana.

4)     Training Program in Ghana, West Africa in August 2012 (OPTIONAL).

 

International and Interethnic Conflict ResolutionCredits: 2Type: SEM
This course considers the growing phenomena of interethnic and intractable conflict in the global community. Students will examine several dispute resolution processes for the resolution of interethnic conflict and consider the role of international organizations and institutions in conflict management.

Enrollment Cap: 20
International ArbitrationCredits: 2Type: LEC
The course will review the law and practice of international commercial arbitration as one of the key approaches to international alternative dispute resolution. The readings will be selected recommended essays.

The essays and discussions will cover a brief history of international commercial arbitration, the appointment and role of the party-appointed arbitrator and the chairman, jurisdictional issues, the role of national court systems, the organization of an international arbitration, provisional relief and interim measures of protection, discovery and production of evidence, the conduct of hearings, the tribunal's deliberations and award, annulment and enforcement of awards, and the responsibilities of international arbitral institutions.

There will also be a lecture on arbitration of international investment disputes, including arbitration of cases at the Iran-U.S. Claims Tribunal, and of ICSID (International Center for the Settlement of Investment Disputes) and NAFTA cases.

The basic documents to be examined, including their application, are the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, the United Nations Commission on International Trade Law ("UNCITRAL") Arbitration Rules, the UNCITRAL Model Law, the International Arbitration Rules of the International Centre for Dispute Resolution ("ICDR") of the American Arbitration Association, and the International Bar Association ("IBA") Rules on Taking Evidence in International Commercial Arbitrations.

When is this course offered? Fall and Spring semesters
International Dispute ResolutionCredits: 2Type: LEC
Over the last twenty-five years, there has been an extraordinary growth of interest in alternatives to the court adjudication of disputes at both the domestic and international level. This course surveys the wide variety of process choices in domestic and international dispute resolution and examines the legal, policy, ethical, and jurisprudential issues associated with these processes. The primary focus of study will be on negotiation, mediation, and arbitration. The course will be taught through case law, descriptive readings, simulation exercises, and discussion.

When is this course offered? Belfast/Dublin Summer Program only
Introduction to Investor-State Arbitration Credits: 2Type: SEM
This course will provide an overview of investment arbitration, a practice area that comprises principles of international law, dispute resolution, treaty law and public policy.  Special distinguishing features of investor-state arbitration disputes will be highlighted and explored, including the importance of nationality, consent to jurisdiction, defenses and damages.  Among the arbitration procedures examined will be those arising from bilateral investment treaties (BITs) and multilateral investment treaties (MITs), such as the Energy Charter Treaty (ECT) and the North American Free Trade Agreement (NAFTA), as well as public contracts.  The course will also consider issues related to investment disputes under ICSID, UNCITRAL and ICC rules.

Labor and Employment ArbitrationCredits: 2Type: SEM
This course will provide a comprehensive look at the world of labor and employment arbitration -- its history, procedures, laws, ethics and practice, with a specific focus toward labor arbitration. This course will address arbitration topics such as discipline and discharge, contract interpretation and due process issues through a wide diversity of materials including judicial decisions and arbitration awards.
Mediation and LawyersCredits: 2Type: SEM
This interactive course will cover a theoretical and practical examination of the role of the lawyer in the mediation process covering deciding to mediate, selection of a mediator, pre-mediation submissions, negotiation techniques, preparation for and representing the client's broad range of interests at mediation, confidentiality, lawyer and mediator ethics, Court-annexed mediation programs, and the mediation process through its use of lecture, discussion, video and role-playing.
Negotiation, Mediation PracticumCredits: 1 or 2Type: LEC
This seminar is designed to provide an overview of negotiation and mediation theory and a forum in which to hone negotiation and mediation skills. The focus of the course will be on learning, practicing, and sharpening negotiation and mediation skills through simulated exercises. Registration is with the permission of the Professors and is limited to members of the Dispute Resolution Society.
Additional information: Year long course
NegotiationsCredits: 2Type: SEM
Negotiation is a critical component of any practicing lawyer's daily work. Lawyers negotiate with their clients to develop transactional and litigation strategies, with their adversaries to conclude deals or lawsuits, with courts and governments to secure parameters of proceedings, and with their colleagues to manage their workloads. This course will explore the strategies and tools available to lawyers when negotiating in different forums. Students will learn how to prepare for negotiations, practice various tactics, explore individual and collective bargaining, and use Alternative Dispute Resolution resources. Students will participate in simulated exercises to develop their skills.

Does this course satisfy the skills requirement? Yes
Trial & Arbitration AdvocacyCredits: 3Type: CLN
Sections of this course are taught by trial lawyers.  The course deals with techniques and strategies in civil and criminal litigation.  Students face typical problems from all phases of trial practice with an emphasis on methods of developing facts, including direct examination, cross examination, exhibit introduction, impeachment, opening and closing statements.  A lecture and demonstration of the above skills is presented to all students enrolled in the Trial & Arbitration Advocacy sections for the first eight weeks of the semester.  For the entire semester, students meet once a week with their individual instructor.
Evidence is a PRE- OR CO-requisite for Trial & Arbitration Advocacy sections.  (Students may register for Trial & Arb. Advocacy if they have previously taken Evidence OR are taking Evidence in the same semester as Trial & Arb. Advocacy.)


Does this course satisfy the skills requirement? Yes
When is this course offered? Fall and Spring semesters

Clinical Offerings

Mediation ClinicCredits: 4 (3 seminar, 1 clinic)Type: CLN

Visit the Clinical Legal Education web site for details about this clinic.
Does this course satisfy the writing requirement? Yes
Does this course satisfy the skills requirement? Yes
When is this course offered? Fall and Spring semesters
Additional information: Recommended course - Fundamental Lawyering Skills
Securities Litigation and Arbitration ClinicCredits: 5 (2 seminar, 3 casework)Type: CLN

Visit the Clinical Legal Education web site for details about this clinic.
Pre-requisites: Fundamental Lawyering Skills

Does this course satisfy the skills requirement? Yes
When is this course offered? Fall and Spring semesters

Fieldwork Supervisors

  • Elizabeth Clements
  • Peter Matis
  • Deborah Rose Samuels

ADR Practitioner in Residence



photo Edna Sussman

Distinguished ADR Practitioner in Residence 
 
Edna Sussman is a full time arbitrator and mediator and the Principal of SussmanADR LLC, http://www.SussmanADR.com. Formerly of counsel at Hoguet Newman Regal & Kenney LLP and a partner at the law firm of White & Case LLP, Ms. Sussman serves on the arbitration and mediation panels of several of the leading dispute resolution institutions including the American Arbitration Association (AAA) , International Centre for Dispute Resolution (ICDR), International Institute for Conflict Prevention and Resolution (CPR), Singapore International Arbitration Centre ( SIAC), Chinese European Arbitration Centre (CEAC), World Intellectual Property Organization (WIPO), U.S. Institute for Environmental Conflict Resolution (USECR) and FINRA (formerly NASD and NYSE). As a court certified mediator, Ms. Sussman serves on the mediation panels of the federal, state and bankruptcy courts in New York. She is also certified as a mediator by the International Mediation Institute (IMI). She has successfully handled numerous complex disputes, both domestic and international, in many business settings, including matters involving disputes concerning contract interpretation, finance, investment and banking transactions, mergers and acquisitions, partnership, energy, environment, franchises, accounting, intellectual property, securities, real estate, antitrust, professional liability, insurance, bankruptcy and employment. Ms. Sussman is ranked as Tier One for Alternative Dispute Resolution by U.S. News and World Report and listed in Best Lawyer and Superlawyers for Alternative Dispute Resolution.