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Friday, January 3, 2003 8:45 a.m.-5:30 p.m.
Annual Meeting Workshop on Dispute Resolution:
Raising the Bar and Enlarging the Canon
Concurrent Session: Arbitration Pedagogy
Teaching Arbitration Law
Sarah R. Cole, The Ohio State University
Homer C. LaRue, Howard University
Stephen J. Ware, Samford University
 
- Law schools' coverage of arbitration law.
- As part of an Alternative Dispute Resolution (ADR) course.
- Stand-alone arbitration courses.
- Covering arbitration generally.
- Focusing on particular types of arbitration.
- Commercial arbitration.
- Labor and employment arbitration.
- International arbitration.
- Brief appearance in first-year courses.
- Advocate's Perspective or Arbitrator's Perspective?
- Advocate's Perspective
- Teaching doctrine.
- Teaching skills.
- Legal analysis and reasoning.
- Body of case law well-suited to Socratic dialog.
- Analyzing, and making arguments based on, statutes.
- Deep tensions between important policies.
- Other fundamental lawyering skills: problem-solving and role-playing exercises.
- Factual investigation, client counseling.
- Litigation arguments about the enforceability of an arbitration clause.
- Drafting an arbitration clause in a form contract.
- Negotiating the terms of an arbitration agreement.
- Arbitrator's Perspective
- Should arbitrator skills receive attention?
- Opinion drafting
- Running a hearing
- Arbitrator's ethics
- Teaching arbitration law in particular contexts.
- As part of an ADR course.
- Casebooks.
- Organization: cover arbitration before or after negotiation and mediation?
- Law versus practice
- Stand-alone arbitration courses.
- Covering arbitration generally.
- Casebooks.
- Videos and other resources.
- Focusing on particular types of arbitration.
- Brief appearance in first-year courses.
- Conclusion
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