Students entering the Alternative Dispute Resolution Skills Program will be exposed to theories of interest-based negotiation and its alternatives, and given opportunities to practice negotiation skills. They will become familiar with the processes of mediation and arbitration, and learn the statutory basis for both methods of dispute resolution. They will have the opportunity to apply dispute resolution principles in contexts as varied as commercial mediation advocacy, international arbitration, cross-cultural negotiation, resolution of family law conflicts, employment discrimination claims, small claims court, multiparty and public policy negotiation, online dispute resolution, consumer claims, and conflict management systems design for enterprises. Students thus equipped will be positioned to enter the legal market with a broad and sophisticated understanding of how to add value to clients by anticipating, managing, and resolving disputes in an efficient, timely, and rational manner.
The Program leads to the granting of a Certificate in Alternative Dispute Resolution. Students gain an initial familiarity with the broadly recognized formal procedures of alternative dispute resolution through introductory courses in negotiation, mediation, and arbitration that are designed to enhance skills as well as convey doctrine. Students then further their study through doctrinal and clinical opportunities in deal negotiation, conflict negotiation, domestic and international mediation and arbitration, court-annexed ADR, cross-cultural negotiation, and area-specific dispute resolution regimes such as employment, securities, and family law dispute resolution. A focused externship program will afford students opportunities to observe and participate in actual arbitration and mediation procedures and to develop professional contacts in the field.
Students seeking a certificate in the Program are expected to take three introductory courses, and one other course of their choice. Experiential courses are noted by (*).
Introductory Courses: Complete three courses from among the following four groups.
- Alternative Dispute Resolution (2 credits)
- One Mediation Course: Mediation Clinic (3 credits)* or Mediation and Conflict Management (3 credits)
- One Negotiation Course: Negotiating Counseling and Interviewing (4 credits)* or Negotiation Theory and Practice (2 credits)*
- One Arbitration Course: Domestic Arbitration (2 or 3 credits) or International Arbitration (2 credits)
Subsequent Elective Courses:
In addition to completing three courses from the four bullet above in the “Introductory Course” segment, students are expected take one elective course to earn a certificate. Any of the courses noted above that were not applied to the “Introductory Course” segment of the program, or any of the courses listed below, may be completed to fulfill the “Subsequent Elective Course” segment.
- Dispute Resolution Team (Co-Curricular) (2 credits)*
- Domestic Arbitration (2 or 3 credits)
- Externship Placement in an ADR-Related Organization (2 credits)*
- International Business Transactions (3 credits)
- International Arbitration (2 credits)
- Mediation Clinic (3 credits)*
- Mediation and Conflict Management (3 credits)*
- Negotiation Counseling and Interviewing
- Negotiation Theory and Practice (2 credits)*
- Persuasion (2 credits)
- Real Estate Negotiation and Drafting (2 credits)
- Real Estate: Transactional Skills (2 credits)*
- Securities Arbitration Clinic and Seminar (6 credits)*
- VIS International Arbitration Moot Court Team (2 credits)*
- Visual Persuasion in the Law (2 credits)
Students are invited to suggest alternative courses to fulfill these requirements. Those wishing to do so should discuss the matter with the Director of the Program, F. Peter Phillips, at F.Peter.Phillips@nyls.edu.
Students affiliated with the Program are required to confer each Term with the Director of the Program to discuss their course schedule and related professional development efforts. At this meeting each affiliated student will be given individual time to ask academic advice, and to confirm that the student is progressing towards meeting all Program-related curriculum requirements.