Dispute Resolution (Intensive) - Nagel



 

Course Title

Dispute Resolution (Intensive)

Professor

Nagel
 

First Assignment

Professor S. Nagel 

Dispute Resolution 

July 15th -19th, 2013 

 

READING ASSIGNMENTS: 

 

Alternative Dispute Resolution: The Advocate’s Perspective, Cases and Materials  

Edward Brunet, Charles B. Craver, Ellen E. Deason 

 

 

Monday, July 15th:                Pre-assigned, Textbook pages 1-88. 

 

Tuesday, July 16th:                Textbook pages 209-285.  

Be prepared to discuss your conflict journal  

 

Wednesday, July 17th:           Textbook pages 285-358, 406-424.   

Be prepared to discuss your conflict journal  

 

Thursday, July 18th:              Textbook pages 429-453.  

The Uniform Arbitration Act, pages 801-812. 

Be prepared to discuss your conflict journal.  

Be prepared to discuss your chosen case. 

 

Friday, July 19th :                        Textbook pages 683-758.  

Be prepared to discuss your conflict journal.  

Be prepared to discuss your chosen case. 

 

 

Due to the compact nature of the course, here are the other course assignments that you may wish to begin early: 

 

Conflict Journal - You will be required to keep a Conflict Journal for this class.  This journal will consist of a minimum of six (6) entries concerning a conflict you personally have encountered recently, during your past experience, or that you have observed or read about.  Each individual entry will include: 

 

  1. Summary of the facts 
  2. Issues 
  3. Parties 
  4. Positions of the parties 
  5. Interests of the parties 
  6. Cost of the conflict 
  7. Actual resolution 
  8. Two alternative methods for resolution 
  9. Conclusions  
 

 

You will be asked to share these entries periodically during class time so be prepared to present this information at any time.  Your journal entries for the entire class will be turned in for grading with your final examination.  If you choose to keep a handwritten journal, please make sure your handwriting is neat and legible or enter the information into a Microsoft Word document prior to turning it in.  If I am unable to read your writing, you may receive an incomplete grade which can lower your final grade.  You will be asked to turn in your conflict journal entries with your final exam but you will need to have a few of your entries completed prior to that for class discussion purposes. 

 

Dispute Resolution Writing Project– You will be assigned a project concerning litigation vs. an alternative form of Dispute Resolution. You will be asked to prepare a summary paper of a minimum of six (6) pages.  You will be asked to present your findings during class. 

 

Writing Assignment – Conflict Review 

         Select a case of your choice that meets the following criteria: 

 

Law Students: 

         Choose a U.S. Supreme Court or an Ohio Supreme Court case that has reached final adjudication and has a published opinion to accompany your assignment.  

 

         Select a case that you feel would have had a more positive outcome for all the parties and stakeholders if it were handled by an alternative dispute resolution method (i.e. a negotiated settlement, mediation, arbitration, negotiated rule making, mini-trial, ADR clauses etc.).  You will need to make a well-reasoned case for your chosen alternative method. 

 

Provide the following information about the case you selected: 

a.      A summary of the facts. 

b.      An analysis of the issues. 

c.      A timeline of adjudication. 

d.      The final holding/outcome. 

e.      The impact of the decision on the parties involved and all stakeholders. 

f.       A SWOTT Analysis of your chosen alternative (Strengths, Weaknesses Opportunities, Trends, Threats) 

g.      The estimated cost to the parties - including costs of litigation, fines, and penalties if applicable. 

 

Write a summary - a minimum of six (6) typewritten, double spaced pages to turn in at the end of the last class.  

 

Be prepared to give a brief (5-10 minutes) informal oral presentation of this case in class on Thursday, July 18th or Friday, July 19th and be prepared to answer questions from your colleagues about your case and analysis. 

 

Certificate Students: 

         Choose a court case or a conflict situation that has reached a final decision that you are aware of via newspaper, internet etc. (make sure that you can research the case online and provide written documentation) and find out the proven facts of the case or situation. 

 

Select a case or issue that you feel would have had a more positive outcome for all the parties involved and stakeholders if it were handled by an alternative dispute resolution method (i.e. a negotiated settlement, mediation, arbitration, negotiated rule making, mini-trial, ADR clauses, etc.)  You will need to make a well-reasoned case for your chosen alternative method. 

 

Provide the following information about the case you selected: 

a.      A summary of the facts. 

b.      An analysis of the issues. 

c.      A timeline. 

d.      The final outcome. 

e.      The impact of the decision on the parties involved and all stakeholders. 

f.       A SWOTT Analysis of your chosen alternative (Strengths, Weaknesses Opportunities, Trends, Threats) 

g.      The estimated cost to the parties - including costs of litigation, fines, and penalties if applicable. 

 

 

Write a summary of your case - a minimum of six (6) typewritten, double spaced pages to turn in on Friday, July 19th

 

Be prepared to give a brief (5-10 minute) informal oral presentation of this case in class on Thursday, July 18th and Friday, July 19th and be prepared to answer questions from your colleagues about your case and analysis. 

 

We will review all of this information and the syllabus during the first class.