Course 879W
Fall, 2001
Alternative dispute resolution is designed as a substitute or complement to litigation which was traditionally the primary tool of the legal profession in resolving disputes. The first form of alternate dispute resolution is negotiation. In order to be a good negotiator, you need to understand your own personality, beliefs, emotional intelligence and negotiating style. Once you have examined yourself, a review of the best book on negotiating, "You Can Negotiate Anything" by Herb Cohen, may be helpful.
When negotiating is not succeeding, alternative remedies may be sought. These include mediation, where the parties and their attorneys attempt to resolve the matter with a third-party mediator. There will be practice mediation sessions to enhance your skills. Another approach if mediation fails or is not appropriate is to have arbitration. An arbitration may be in conjunction with a court proceeding, such as a state court or federal court arbitration. There will be practices and breakout sessions for a variety of arbitrations.
This class is designed to be practical. Attendance and participation is required in this cooperative learning mode. You will practice arbitrations, mediations and negotiation and hopefully your confidence and skills will be improved. There is no final exam in this course. Because preparation of the documents is crucial for effective class performance and effective learning, preparation will be 40% of your grade. 35% of your grade will be class attendance and participation. The final paper will be 25% of your grade.
If you need to contact me, the best way is sending me an e-mail to RonCappEsq@aol.com. My office address is 1800 Chapel Avenue West, Suite 128, Cherry Hill, NJ 08002 and my office phone number is (856) 665-2121. My office fax number is (856) 665-9005.
I look forward to a fun semester!
Ronald J. Cappuccio, J.D., LL.M.(Tax)
General Class Policies:
Class Participation 35%
Final Paper 25%
Class Assignments 40%
If you do not have an assignment, you may attend the class and observe.
Do not e-mail class preparation assignments in advance of class unless you know you will be absent.
All assignments shall have a copy for each student, 2 filing copies, and shall be prepared as if being given to an Arbitrator, Judge or other third party intermediary.
Questions concerning the class should be addressed to me at roncappesq@aol.com
Grading Policy:
Class Participation. You may have one excused absence. Please e-mail me no less than 24 hours in advance with the reasons for your absence.
The key factors in basing your grade are if you:
Class Assignments. All assignments must be timely completed and "filed" with me. There is no excuse for lateness. You will receive the full amount of points for each assignment if it is:
Final Paper. To be announced.
Course Outline/Syllabus Rev. 1.0
Seminar: Alternative Dispute Resolutions
Course 879W
Week 1: What is ADR?
I. Overview of Arbitration and Mediation
II. Negotiating Styles
III. Explanation and review of first sample arbitration
Week 2: Learn About Yourself; Practical Arbitration Preparation
NO CLASS
I. Take Myers-Briggs Personality Test Online
II. Take Beliefs Test Online
III. Take Standard Intelligence Test Online
IV. Prepare Arbitration Statement for Plaintiff and Defendant - Limo Case
V. Prepare Arbitrator's Report and Conclusions
Week 3: You Can Arbitrate
I. Arbitration Breakout Sessions - Limo Case
II. Mock Arbitration - Limo Case
III. Read "You Can Negotiate Anything" - one hour "quick read"
IV. Prepare one page paper on one chapter of "You Can Negotiate Anything"
Week 4: Arbitration/Negotiation
I. Negotiation Techniques - Discuss "Getting to Yes"
Week 5: Private Contract Negotiation
I. Private Contract Negotiation
III. Mock Private Arbitration - Attorney Advertising Case
IV. Preparation of Federal Arbitration Memo
Week 6: Federal District Court Arbitration
I. Federal District Court Arbitration - Review Rules
II. Review Arbitration Statements
III. Breakout Sessions - Negotiation of Case
IV. Mock Mediation - Federal Case Facts
V. Preparation of Outline for Paper
Week 7: Ethics; Federal District Court Arbitration
I. Ethics in ADR
II. Breakout Sessions - Federal Arbitration
III. Review and Reports of Breakout Sessions
IV. Preparation for Government Agency Negotiation
Week 8: Dealing with a Government Agency
I. Negotiating with Government Agencies
II. Negotiation Breakout Session - Government Agency Negotiation
III. Mock "Call" - Government Agency Negotiation
IV. Preparation of Paper/State Arbitration Reports
Week 9: Private Contract Negotiation
I. Private Contract Negotiation
II. Student Reports Regarding State Arbitration
III. Read and Review Contract to Prepare for Negotiation
Week 10: Negotiation Practice
I. Negotiation Breakout Session - private contract negotiation
II. Student Reports regarding state arbitration
III. Final Preparation of Outline for Paper.
IV. Review Business/Merger & Acquisition contracts to Prepare for Negotiation
Week 11: Business Acquisition Negotiation Practice
I. Negotiation Breakout Session - Business Merger & Acquisition Negotiation
II. Discussion of Client Relations in Business Negotiations
III. Mock Business Negotiation
IV. Continue Paper Preparation
Week 12:
I. Discussion of Paper Topics
II. Complete Paper
Week 13:
I. Discussion of Paper Topics