July 26-28 and August 2-4, 2012
Thursday and Friday 6 - 9:30 p.m.
Saturdays 8:30 a.m. - 4:30 p.m.
Today many business and employment disputes are resolved through out-of-court binding arbitration processes. This intensive, interactive course is designed to provide students with a practical grounding in counseling and advocacy skills required for state-of-the-art arbitration practice through problems and exercises simulating common arbitration scenarios in which students play the parts of lawyers, arbitrators, and parties. Students learn how to draft dispute resolution agreements for arbitration and how to advise clients on many different aspects of arbitration, including the suitability of arbitration as an alternative to negotiation, mediation or litigation. They also experience advocacy roles at all stages of arbitration, including the filing of an arbitration demand, the selection of arbitrators, planning for and conducting hearings, the publication of a final decision (award), and the enforcement or setting aside of an award. The course emphasizes modern commercial and employment arbitration in the u.S. but also includes references to international, consumer, securities and labor arbitration.
John P. McCrory is professor of law at Pepperdine University School of Law. Prior to joining the Pepperdine faculty, he was the founding director of the Dispute Resolution Project at Vermont Law School. He has been a visiting professor at: Melbourne, Sydney, Wollongong, and Murdoch Universities in Australia; Rhodes University, South Africa; the University of Strathclyde, Scotland; and the University of Leicester, England. Professor McCrory served as: Chair of the Alternative Dispute Resolution Section, Association of American Law Schools (AALS); Chair of the AALS Labor Law Section; the Society of Professionals in Dispute Resolution (now Association for Conflict Resolution) liaison to the ABA Standing Committee on Dispute Resolution (predecessor of the Section on Dispute Resolution); and Consultant to the Australian Administrative Appeals Tribunal in the development of a mediation program. In addition to teaching, he was: a partner in the Melli, Smith, Shiels & McCrory law firm (Madison, Wisconsin); General Counsel of the Wisconsin Education Association Council; and an attorney with the National Labor Relations Board.
Prerequisite: LAW 1422 Mediation Theory and Practice
This course explores the growing trend toward the design and development of dispute resolution systems within organizations: in the workplace, at the enterprise level, in business-to-business and e-commerce marketplaces, and in other organizational settings. Starting with historical and legal contexts, systems design in the new economy with focus on potential advantages and disadvantages of this approach to what arguably is the privatization of justice. Students will also be provided with a practical framework to apply dispute systems to design concepts in specific situations.
Jeffrey D. Paquin is a divisional vice president and chief operations counsel for Abbott Laboratories in Chicago, Illinois. He also serves as the co-executive director of the Chief Litigation Counsel Association, and as an arbitrator and mediator for the American Arbitration Association, CPR Institute, and other arbitral institutions. Previously, Paquin was a partner in Paquin Victor LLP, a specialty law firm focused on litigation and conflict management; the national practice leader of Ernst & Young LLP’s Legal Management Services Group, which focused on services involving ADR and other forms of conflict management; chief litigation counsel for United Parcel Service, where he was responsible for the worldwide management of the company’s litigation and ADR programs; and a commercial litigator at Powell Goldstein LLP (now Bryan Cave LLP), where he was chair of the firm’s ADR section.