Selected Issues in Dispute Resolution: Ethical Issues

This advanced course engages students in a series of realistic scenarios implicating key ethical and practical challenges confronting lawyers and dispute resolution professionals. Students are called upon to evaluate and make choices among courses of action in light of pertinent legal and ethical standards as well as practical considerations and personal moral values. Role-plays focus on significant current issues in public and private dispute resolution, examples of which include: misrepresentations and nondisclosure in negotiation or mediation; the use of threats in negotiation or mediation; confidentiality and privilege in mediation; advising clients regarding dispute resolution options; the drafting of dispute resolution provisions for standardized contracts; pro se parties in mediation or arbitration; promoting and maintaining practice as a dispute resolution professional; inclusion and diversity in private dispute resolution; the boundaries of evaluation by mediators; forms of interplay between mediation and arbitration, including the “switching of hats” by neutrals; party noncompliance and sanctions in arbitration; and the roles of party-appointed wing arbitrators.

Prerequisites: Negotiation, Mediation, and at least one of the following: Arbitration Practice or International Commercial Arbitration