ESSENTIALS OF ALTERNATIVE DISPUTE RESOLUTION

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ESSENTIALS OF ALTERNATIVE
DISPUTE RESOLUTION
_________________________________________________________________

Susan R. Patterson, Esq.
D. Grant Seabolt, Jr., Esq.
Second Edition

Instructor’s Manual
& Test Bank

ISBN 0-929563-63-8

2

Essentials of Alternative Dispute Resolution
Instructor’s Guide

Instructor’s Guide
This course will introduce students to alternative dispute resolution (ADR) as a means of peacefully resolving disputes. Eight basic methods of ADR, and several hybrids, will be explained in detail. In addition, students will explore seven arenas where disputes often arise and how one or more methods of ADR apply. Finally, students will discuss the role of the paralegal in ADR and look at a case study of how ADR is practiced in one urban jurisdiction.

The course will present ADR against the backdrop of traditional litigation, which offers a more formal and generally more costly method of resolving disputes. Nevertheless, the course avoids an evangelistic endorsement of ADR, and instead asks students to evaluate disputes and disputants to select the most appropriate method for resolving a matter. Throughout, civil justice is viewed as a system that enables disputants to resolve their dispute using less direct, more socially acceptable alternatives than self-help, whether the alternative chosen is trial or ADR. The course follows the outline of chapters as contained in the Table of Contents to the text. In drafting learning objectives, described below, the authors stressed the information they felt was most important. Nevertheless, instructors are encouraged to require students to read all the sections in each of the chapters in the text, and to complete the exercises provided in the text. The learning objectives for each chapter also serve as essay test questions. The final section of the Guide contains answers to each of the learning objective/essay test questions. Following these answers are several objective questions and answers for each chapter. Instructors are encouraged to compose exams comprising of both types of questions. For this reason, several of the essay questions are of the “short-answer” type for inclusion in the mid-term exam when quick and easy grading is important. In addition, many of the essay questions can be turned into short answer versions by eliminating one of the requirements from the answer. For example, questions that ask the student to “list six elements of X and explain each” can be simplified to merely listing the elements. This Instructor’s Guide is also available on disk.

GENERAL OVERVIEW
I.

Chapter One – Introduction to Alternative Dispute Resolution The purpose of this chapter is to lay the conceptual and definitional groundwork for the course. The first chapter introduces ADR historically and thematically and then explores the nature of disputes. Five traditional ways to resolve disputes are covered, including litigation and trial. Several methods of ADR are briefly discussed. The chapter concludes with a review of the benefits and drawbacks of ADR.

II.

Chapter Two – Negotiation
Chapters Two through Six cover the methods of ADR. Emphasis is placed on the roles of the various players within each method, including parties, ADR neutral, and attorneys. The purpose of Chapter Two is to establish the context for understanding how parties involved in a dispute can resolve the matter themselves without resort to a judge, jury or arbitrator. The premise of this chapter is that all methods of peaceful dispute resolution,

Essentials of Alternative Dispute Resolution
Instructor’s Guide

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including litigation, involve negotiation in one form or another. This chapter focuses on negotiation as a method of resolving the issues in a lawsuit. Topics include the law supporting negotiation, negotiation styles, and ethics. The phases of a typical negotiation are covered in depth and an extensive case study is presented. Because negotiation is a core...
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