Alternative Dispute Resolution Pathway

Alternative Dispute Resolution (ADR) consists of a survey course (Alternative Dispute Resolution), and specialized courses in Negotiations and Mediation. ADR is designed to familiarize students with a fundamental understanding of the principles and techniques applied in the settling of legal disputes with an intention to avert the formal adversary processes. Both the Negotiations course and the Mediation course probe deeper into the disciplines, and allow students to understand human nature beyond pedagogic and doctrinal boundaries. Learning is facilitated through exercises in self-awareness, while gaining a greater appreciation of the relevance of race, culture and ethnicity in professional relationships. Simulations and role-plays are featured, and the psychological, emotional and neuroscientific underpinnings of decision making are explored.

There are a number of courses devoted to subjects within the area of Alternative Dispute Resolution as well courses to help you prepare to take the bar examination. Students who want to pursue legal practice in ADR should consider the courses below. Other courses, besides those listed, are offered under the FIU College of Law curriculum.

Please view the Schedule of Classes to determine which courses will be offered during the current school year.

Foundation Courses related to this pathway include: Contracts.

Core Courses

Alternative Dispute Resolution
LAW 6310 Alternative Dispute Resolution (2-3). This course entails an examination of the alternative dispute resolution mechanisms and techniques for incorporating them into legal practice. A variety of readings and exercises are used as background for discussions of the utility of different mechanisms for resolving certain kinds of disputes. This course focuses on adjudication, negotiation, and mediation.

Evidence
LAW 6330 Evidence (3). This course addresses the law of evidence, including: hearsay, judicial notice, burden of proof, and presumptions; functions of judge and jury; competency and privileges of witnesses; and exclusion of testimony of witnesses and documents.

International Commercial Arbitration
LAW 6316 International Commercial Arbitration (2-3). The course covers the basics of the law and practice of international commercial arbitration, including: drafting arbitration clauses in international transactions and enforcement of arbitral agreements; preparing and presenting cases before arbitral tribunals, including issues of witnesses, experts, discovery and evidence; recognition, enforcement and setting aside of arbitral awards; the major international arbitral institutions and their rules of procedure; the relationship between international arbitration and national court systems; and various treaties and conventions dealing with international arbitration.

Mediation
LAW 6383 Mediation (3). Students will gain an understanding of the practice of mediation from the perspective of a lawyer representing a client, along with acquiring the skill to focus on the interactions of the participants.

Negotiation
LAW 6313 Negotiation (2-3). The course is designed to provide students an understanding of the history, process and practice of negotiation through role-plays, simulations and life experiences.
Advanced Electives

Critical Legal Theory
LAW 6230 Critical Legal Theory (2-3). This course explores the relationship between law and legal institutions and ideology. It addresses questions relating to the role of law in society and whether and to what extent law serves to perpetuate existing economic and social privileges, at the expense of less powerful members of society.

Education Law
LAW 6583 Education Law (2-3). The course focuses on educational policy and the intersection of public schools and the law. The course covers topics such as school desegregation, compulsory school attendance laws, curriculum content, the First Amendment in schools (flag salutes, school prayer, government aid to parochial schools), school financing, voucher plans, community control of schools, bilingual education, and issues surrounding single-sex schools.

Health Law
LAW 6720 Health Law (2-3). This is a study of numerous topics, including national health care programs, health care financing, reimbursement, licensing and accreditation, hospital organization, physician and patient autonomy, antitrust law, quality of care and medical malpractice, and ethical issues related to availability of health care and services.

Insurance Law
LAW 6080 Insurance Law (2-3). The course deals with: the making, administration and interpretation of insurance contracts; governmental (including judicial) regulation of insurance; common insurance contract provisions; subrogation; excess liability of insurers; and property, life and liability insurance policies and problems.

Medical Malpractice Law
LAW 6725 Medical Malpractice Law (2–3). Medical Malpractice Law examines legal claims that may be brought against physicians, hospitals, and other allied health professionals and organizations, as a result of the provision of medical and/or health services, or as a result of relationships with medical and health services providers. The course will examine the duties of care imposed by law on medical and health care providers, legal remedies for breach of the standards of medical care, defenses to legal claims, and medical ethics. Recommended but not required as a prerequisite: Evidence Law.

Mergers and Acquisitions
LAW 7065 Mergers and Acquisitions (2-3). This course will approach the study of major corporate restructuring from both an academic and a practice perspective. Included in the course will be a review of underlying economic objectives and sources of efficiency gains in restructuring ownership interests in publicly financed firms and factors affecting choice of transaction form. Major emphasis will be on the corporation law and securities laws pertaining to M&A transactions. Both hostile and friendly deals will be covered. More briefly addressed will be tax law, competition law and executive compensation issues encountered in such transactions. Prerequisite: Business Organizations.
Other Electives

Administrative Law
LAW 6520 Administrative Law (2-3). This is an introduction to the laws controlling executive branch agencies of government. Major topics include delegation of power to agencies, modes of agency action, control of agencies by the legislative branch, control by the judicial branch, and public access and influence.

Elder Law
LAW 6717 Elder Law (2-3). This course covers such areas as income tax provisions of special interest to senior citizens, Social Security, pension plan distributions, Medicare and Medicaid coverage, long-term care and nursing home admission, powers-of-attorney regarding health care proxies and financial/legal matters, guardianship, and ethical considerations in advising elderly clients. The emphasis is on understanding federal statutory provisions that affect the care, comfort, and financial security of persons as they live longer, to permit informed advising and sensitive planning.

Race and the Law
LAW 6234 Race and the Law (2-3). This course will consider contemporary theories of law and questions of racial justice, including the relationship between developments in the social sciences on the nature of race, racism, prejudice and discrimination, and the interpretation of constitutional and statutory protections against racial discrimination.

Remedies
LAW 6320 Remedies (3). The course focuses upon the nature and scope of relief that a court may grant a party who has established a substantive right. Topics include judicial remedies such as damages in tort and contract cases, restitution, punitive remedies, declaratory relief and coercive remedies in equity.
Faculty

Joëlle A. Moreno, Associate Dean of Research & Professor of Law
305.345.1152

George Knox, Director of Non Litigation Advocacy Programs & Visiting Professor of Law
305.348.8349