The Civil Dispute Resolution System in America

The purpose of this course is to introduce MLS students to various ways in which civil disputes are formally resolved in American law. The emphasis will be on litigation in state and federal courts, but attention will also be given to alternative modes of dispute resolution – arbitration, mediation, negotiation and settlement – that have become increasingly important over the last thirty years. We will examine the costs and financing of litigation, as well as basic principles governing the remedies available in the various modes of dispute resolution. Students will be challenged to consider the ways in which the nature of formal dispute resolution institutions and the rules by which disputes are resolved within these structures can both assist and undermine attempts by individuals and organizations to achieve their broader objectives.