This course is designed to guide the student through current and established arbitration law, arbitration procedure and practice, arbitration clauses, powers and responsibilities of the arbitrator and the roles of arbitrating parties. Other topics that will be explored are the use of arbitration in subject matter areas of the law, such as labor, business, consumer matters and employment. To the extent possible, teaching videos and experienced arbitrators will be utilized to provide insight into the practice and the effective utilization of the process.
This course is a hybrid combination of a traditional law school lecture class, seminar and a clinic. The work is cumulative. It incorporates practice (advocacy), procedure (arbitrators, parties), and substantive law (agreement to arbitrate clauses, ripeness, timing, parties, awards, limitations on awards, judicial review, vacatur, and enforcement of awards.) In this regard, students will be expected to become an active participant in the learning experience.
The class involves interactive exercises. Therefore, good communication and interpersonal skills will be expected. Attendance and participation are essential. A working understanding of trial advocacy and the essential lawyering skills of interviewing and counseling (ICN) of clients will be helpful. However, the texts may provide sufficient information to assist students who have not had ICN, Trial Advocacy or Evidence in the accomplishment of the exercises and the mock arbitrations.
Current & Previous Instructors:
Joyce A.G. Mitchell;
|514L (CRN: ) Credits: 3|
Spring, 2016 (Evening).