Dispute Resolution Techniques

This course begins with the three most common forms of dispute resolution: mediation, arbitration, and litigation. A comparative analysis will illustrate the advantages and disadvantages of each, plus a review of the enormous proliferation of parties choosing mediation "across the board," not just in labor-management disputes, but increasingly those involved between landlords and tenants, domestic partners, tort claims, business partnership breakups, and medical malpractice claims, to name just a few. Mr. Cohen will share with the class his real-life experiences in assisting the parties to voluntarily reach agreements from the opening bell of the first meeting until the final moment of truth confronting the parties.

Strategic initiatives available to the mediator will be described in detail together with examples of how they achieved the desired result. The public sector offers a much different agenda because states, cities, and municipalities have each enacted separate systems, often just beginning with requiring mediation upon impasse, with some, albeit not all, following with fact-finding and ultimately final and binding interest arbitration. Litigation presents its own distinct world and the final lecture will explore that alternative. Mr. Cohen strongly favors an interactive classroom and students will be provided the opportunity to actively contribute after having considered the topics for each session.