Curriculum

Commercial Mediation and Arbitration

Credits: 2.00
Faculty: Brian Farkas

In today's business world, many disputes are resolved outside of traditional courtroom litigation. To effectively represent clients, litigators must be comfortable as advocates in arbitration and mediation. This course will provide firm theoretical and practical grounding in these dispute resolution mechanisms. We begin with an overview of mediation, where students will learn to see conflict from the perspective of the lawyer, the client, and the mediator. We then study the Federal Arbitration Act and state arbitration laws. Topics include the interplay of state and federal law, the enforcement of arbitration agreements and awards, and fairness issues in arbitration in the employment and consumer contexts. Through real-world simulations and exercises, students will emerge with a thorough understanding of the contemporary landscape of commercial dispute resolution.

Grading and Method of Evaluation:

Letter grade with pass/fail option. Students will be graded on class participation and simulations, crafting a mediation statement, drafting a motion, and a 10-12 page research paper.