Our
first module is an overview of the landscape of alternative dispute resolution
and includes discussion of the Federal Arbitration Act, passed in 1925, which
still largely governs ADR in the United States, and especially in the federal
court system. The first module also introduces various other methods of dispute
resolution.
Module
2 focuses on negotiation between the parties, specifically facilitation of
settlements and the settlement process. We’ll also look at settlement
negotiations that are required and supervised by courts in many cases. Finally,
we will discuss settlement agreements and their requirements for
enforceability.
Module
3 turns to mediation, which is more formal negotiation supervised by a
mediator, but that does not result in a formal decision, as in the case of
arbitration. The module looks at when mediation is appropriate and the role and
responsibilities of the mediator. We also look at various styles of mediation
and the governing bodies and organizations that discuss and encourage best
practices.
Modules
4 and 5 discuss the most formal component of the ADR landscape: arbitration.
Arbitration allows a binding resolution to be rendered outside of the court
system. We will focus on arbitrator qualifications, arbitration procedures and
arbitration agreements. In module five, we will look at the enforceability of
arbitration awards and the mechanisms by which the awards can be confirmed in
federal court so that they can be enforced by normal collection procedures.
This
course should give you a thorough introduction to the world of alternative
dispute resolution and serve as an important component of a comprehensive understanding
of the processes by which disputes are resolved in our system.
Best
of luck and we welcome your feedback.
ADR-301: Alternative Dispute Resolution