Alternative Dispute Resolution
Fall 2014
Prof. Andrea Kupfer Schneider
Phone: 288-5373
Office: Suite 302
Email: andrea.schneider@marquette.edu
A.
GENERAL INFORMATION
This course will introduce the concept and practice of alternative dispute resolution. We will focus
primarily on the particular processes of ADR—negotiation, mediation and arbitration—and then
examine these forms in the context of different areas of the law and the judicial system.
B.
ASSIGNED READING MATERIAL
The following texts are required for the course:
Dispute Resolution: Beyond the Adversarial Model (2nd Edition) by Carrie MenkelMeadow, Lela Love, Andrea Kupfer Schneider & Jean Sternlight
Dispute Resolution: Examples & Explanations (3rd Edition) by Michael Moffitt &
Andrea Kupfer Schneider
C.
COURSE REQUIREMENTS
Students will be expected to attend class regularly, to read the assigned materials before class,
and to participate actively in class discussions. Grades will be based on the following:
1.
2.
3.
4.
3 quizzes, each worth 15% of the grade
A final exam worth 35% of the grade
Course participation worth 10%
Chapter problems worth 10%
Quizzes. An in-class quiz will be given at the conclusion of each of the three units:
negotiation, mediation, and arbitration. Quizzes are closed book and will test the material
assigned from the text as well as activities, discussions, and videos from class.
Final Exam. The two hour final exam will be on Monday, December 15th.
Course Participation. Course participation will be judged on several criteria: (a)
attendance; (b) response when called on in class; (c) participation in exercises; and (d)
commenting on the ADR Lawprofs blog.
1

Blog. Each student is expected to comment on the ADR Lawprofs blogs at least once
during the course of the semester. No credit will be awarded for comments made after
November 30th.
Chapter Problems. Each student will be responsible for writing an answer to two (one
in the first half of the semester and the other in the second half) of the problems assigned in
class. Students will sign up for a problem and are responsible for handing that in to Suite 302 by
9:00 a.m. on the day of class. The answer should be no longer than 1 typed page, single-spaced
(10%) (5% each problem).
Class
Number
Topic(s)
Pages assigned for reading
1
Intro to ADR
3-37
Problems
assigned for
review
1.3 & 1.4
2
Lawyer as Problem-Solver
49-64
2.2-2.5
3
Lawyer as Problem-Solver
64-86
2.6 & 2.9
4
Negotiation Concepts
89-111
E&E Chapter 1
3.1-3.4 & 3.63.7
5
Prisoner’s Dilemma
111-126
3.9-3.11
6
Negotiation Skills: Preparing,
Talking & Criteria
127-146
4.1-4.12
7
Negotiation Skills: Listening &
Relationship
146-185
E&E Chapter 3
4.13-4.14, 4.164.21 & 4.23
8
Movie Day
9
Negotiation Law & Ethics
187-208
5.1-5.2, 5.4-5.6
10
Negotiation Law & Ethics
208-221
E&E Chapter 2
5.7 & 5.9
2
Class
Number
Topic(s)
Pages assigned for reading
Problems
assigned for
review
11
NEGOTIATION QUIZ
12
Mediation Concepts
223-257
6.1 & 6.3
13
Mediation Models
257-267
E&E Chapter 4
14
Mediation Skills
269-319
7.1, 7.2, 7.5 &
7.8
15
Movie Day
16
Mediation Law & Ethics
321-351
E&E Chapter 5
8.4
17
Mediation Law & Ethics
351-381
E&E Chapter 11
8.6, 8.7, 8.8,
8.12 & 8.13
18
MEDIATION QUIZ
19
Arbitration Concepts
383-412
9.1, 9.4-9.5 &
9.7
20
Arbitration Enforcement
413-452
E&E Chapter 6-9
10.1, 10.310.11
21
Arbitration Powers
452-482
10.13-10.17
22
Arbitration Ethics
498-520
11.10, 11.13 &
11.4
23
ARBITRATION QUIZ
24
Multiparty
581-626
3
25
Choosing a Process
633-659
26
Choosing a Process, continued
659-668
4