Association of American Law Schools
2003 Annual Meeting
Washington, D.C.
Thursday, January 2 - Sunday, January 5, 2003


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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


 

  1. Law schools' coverage of arbitration law.

    1. As part of an Alternative Dispute Resolution (ADR) course.

    2. Stand-alone arbitration courses.

      1. Covering arbitration generally.

      2. Focusing on particular types of arbitration.

        1. Commercial arbitration.

        2. Labor and employment arbitration.

        3. International arbitration.

    3. Brief appearance in first-year courses.

  2. Advocate's Perspective or Arbitrator's Perspective?

    1. Advocate's Perspective

      1. Teaching doctrine.

      2. Teaching skills.

        1. Legal analysis and reasoning.

          1. Body of case law well-suited to Socratic dialog.

          2. Analyzing, and making arguments based on, statutes.

          3. Deep tensions between important policies.

        2. Other fundamental lawyering skills: problem-solving and role-playing exercises.

          1. Factual investigation, client counseling.

          2. Litigation arguments about the enforceability of an arbitration clause.

          3. Drafting an arbitration clause in a form contract.

          4. Negotiating the terms of an arbitration agreement.

    2. Arbitrator's Perspective

      1. Should arbitrator skills receive attention?

        1. Opinion drafting

        2. Running a hearing

      2. Arbitrator's ethics

  3. Teaching arbitration law in particular contexts.

    1. As part of an ADR course.

      1. Casebooks.

      2. Organization: cover arbitration before or after negotiation and mediation?

      3. Law versus practice

    2. Stand-alone arbitration courses.

      1. Covering arbitration generally.

        1. Casebooks.

        2. Videos and other resources.

      2. Focusing on particular types of arbitration.

    3. Brief appearance in first-year courses.

  4. Conclusion

 


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