Legal Studies 397I - ST-Alternative Disp Resolution

This course explores the historical origins of Alternative Dispute Resolution (ADR) in immigrant, religious, and indigenous communities in the U.S. and its development over the past 300 years. Why have advocates in the legal, commercial, labor, educational, and community sectors promoted its use? What has their impact been on the various forms of ADR? Whose interests are served by ADR? A critical analysis of mediation, arbitration, negotiation, and online dispute resolution in comparison to the judicial system include attention to how issues of power imbalances and identity impact ADR. We will also briefly explore international dispute resolution and consider its similarities and differences to ADR in this country.

Legal Studies Majors only. Non-majors by consent of the Instructor. Instructor can be reached at: lwing@legal.umass.edu