Redesigning Dispute Systems

Current Offerings

Redesigning Dispute Systems (7806): Lawyers are often called upon to apply their creative skills to help design systems (comprised of one or more processes) for preventing, managing, and resolving conflicts. Examples span many domains: 1. what combination of international and domestic processes would facilitate cross-border e-commerce and protect consumers? Who should decide--consumer protection agencies? Merchants? Consumers? 2. a corporate general counsel and the director of human resources are tasked by senior management with proposing ways to decrease the number of employee disputes and reduce turnover; 3. in the era of the COVID pandemic, courts have been called upon to continue service to the public using online resources, yet maintain due process and just outcomes; 4. San Francisco District Attorney Chesa Boudin is joining district attorneys in Boston and Philadelphia on a pilot effort patterned after South Africa's post-apartheid truth and reconciliation commission to confront racism in the criminal justice system. In each example, a lawyer, businessperson, nonprofit manager, or public official (working alone or with others) must address not just a single dispute but a stream of disputes over time. Lawyers often lead the design, redesign and implementation of these conflict resolution systems. Increasingly these systems utilize technology to improve efficiency, accessibility, and transparency for disputants. In this class we will apply an analytic framework (including stakeholder assessment and conflict resolution process options) to a series of case studies and use simulations to understand different kinds of dispute systems. We will also examine the growing use of online dispute resolution (ODR), the new challenges it poses to neutrals and system designers, and evolving best practices for the use of technology in dispute system design. Special Instructions: Grades will be based on class participation and Option 1 (section 01) a series of weekly short written assignments plus a 10-page case study; or Option 2 (section 02) weekly short written assignments plus a 26-page research paper involving independent research. Students electing option 2 (section 02) will be graded on the H/P/R/F system and will receive Research (R) credit. After the term begins, students accepted into the course can transfer from section (01) into section (02), which meets the R requirement, with consent of the instructor. Negotiation Seminar (LAW 7821) is preferred but not required. Elements used in grading: Class participation, attendance, written assignments, and final paper. Attendance at the first class is mandatory.

Sections

Redesigning Dispute Systems | LAW 7806 Section 01 Class #1062

  • 3 Units
  • Grading: Law Mandatory P/R/F
  • Learning Outcomes Addressed:
    • LO2 - Legal Analysis and Reasoning
    • LO4 - Ability to Communicate Effectively in Writing
    • LO7 - Professional Skills
  • Course Category:
    • Miscellaneous Practice-Skills

  • 2021-2022 Autumn ( )
  • Thu
  • Room: Law320D

Redesigning Dispute Systems | LAW 7806 Section 02 Class #1063

  • 3 Units
  • Grading: Law Honors/Pass/Restrd Cr/Fail
  • Enrollment Limitations: Consent
  • Graduation Requirements:
    • R -Research Requirement for Law Degree
  • Learning Outcomes Addressed:
    • LO2 - Legal Analysis and Reasoning
    • LO3 - Ability to Conduct Legal Research
    • LO4 - Ability to Communicate Effectively in Writing
    • LO7 - Professional Skills
  • Course Category:
    • Miscellaneous Practice-Skills

  • 2021-2022 Autumn ( )
  • Thu

Past Offerings

Dispute System Design (7806): Lawyers are often called upon to help design systems for preventing, managing, and resolving conflicts that support or supplant existing legal structures. The crisis of September 11 led Congress to pass a law creating the September 11 Fund; a California Supreme Court challenge to its method of resolving health care disputes led Kaiser Permanente to reform its arbitration system; years of atrocities committed against the people of South Africa, Chile, and many other countries led to the formation of truth commissions. Lawyers often lead the design and implementation of these conflict resolution systems. Increasingly these systems utilize technology to improve efficiency, accessibility, and transparency for disputants. In this class we will apply an analytic framework (including stakeholder assessment and conflict resolution process options) to a series of case studies and use simulations to understand different kinds of dispute systems. We will also examine the growing use of online dispute resolution (ODR), the new challenges it poses to neutrals and system designers, and evolving best practices for the use of technology in dispute system design. Special Instructions: Grades will be based on class participation and Option 1 (section 01) a series of weekly short written assignments plus a 10-page case study; or Option 2 (section 02) weekly short written assignments plus a 26-page research paper involving independent research. Students electing option 2 (section 02) will be graded on the H/P/R/F system and will receive Research (R) credit. After the term begins, students accepted into the course can transfer from section (01) into section (02), which meets the R requirement, with consent of the instructor. Negotiation Seminar (LAW 7821) is preferred but not required. The class will meet on one Saturday. Elements used in grading: Class participation, attendance, written assignments, and final paper. Attendance at the first class is mandatory.

Sections

Dispute System Design | LAW 7806 Section 01 Class #1179

  • 3 Units
  • Grading: Law Mandatory P/R/F
  • 2019-2020 Winter
    Schedule No Longer Available
    • 1L: Winter Elective (Open to First-Year JD Students)
  • Learning Outcomes Addressed:
    • LO2 - Legal Analysis and Reasoning
    • LO4 - Ability to Communicate Effectively in Writing
    • LO7 - Professional Skills
  • Course Category:
    • Miscellaneous Practice-Skills

  • 2019-2020 Winter
    Schedule No Longer Available

Dispute System Design | LAW 7806 Section 02 Class #1180

  • 3 Units
  • Grading: Law Honors/Pass/Restrd Cr/Fail
  • 2019-2020 Winter
    Schedule No Longer Available
  • Enrollment Limitations: Consent
    • 1L: Winter Elective (Open to First-Year JD Students)
  • Graduation Requirements:
    • R -Research Requirement for Law Degree
  • Learning Outcomes Addressed:
    • LO2 - Legal Analysis and Reasoning
    • LO3 - Ability to Conduct Legal Research
    • LO4 - Ability to Communicate Effectively in Writing
    • LO7 - Professional Skills
  • Course Category:
    • Miscellaneous Practice-Skills

  • 2019-2020 Winter
    Schedule No Longer Available
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