Representation in Arbitration

Litigators will often represent clients in arbitration. Arbitration, a private method of dispute resolution, operates under very different rules from actions brought in federal and state courts. This course prepares students with a basic introduction to this process. After discussing the basic legal framework for arbitration in the United States, the course will delve into practical lawyering skills that are unique to arbitration. Topics will include drafting arbitration agreements and selecting arbitrators, as well as advocacy techniques for opening and closing statements, direct examination, and cross-examination. The relationship between arbitration and the courts will also be considered, with particular attention to motions to stay or compel arbitration, and motions to vacate or confirm arbitral awards. Broader client counseling questions will also be considered, including advising clients on selecting the most appropriate conflict resolution mechanism for their dispute. Students will emerge from the course with a firm grasp of the basic vocabulary, procedure and advocacy skills necessary to represent clients in arbitration. This course will require substantial reading prior to the course, and will be graded based on class participation, short exercises, and a final paper.