Curriculum Guide · Courses

Professor Cathy Costantino

J.D. Seminar 363 | 3 credit hours

This seminar is an interactive workshop designed to introduce students to the theory, principles and practice of conflict management systems design with the goal of training students to assume this new and creative professional role. Lawyers are increasingly being called upon to act not simply as litigators or deal-makers, but also as “process architects” for institutions, organizations and governments. In addition, they are being asked to design, tailor and manage systems to handle ‘streams” of disputes in an effective and efficient manner, such as those arising from mass torts, natural disasters and government programs.

Students will be expected to read, write, discuss, critique and participate in simulated exercises. After an overview of conflict management theory and principle, students will, though readings, study actual systems (mass tort, 9/11 Fund, health care, international) that reflect conflict management systems design principles. Then through a series of hands-on role plays and exercises, students will have the opportunity to develop systems design skills. Simulations are taken from a variety of settings, including judicial, government, health care, labor-management, tort and commercial arenas. The practical and ethical implications of systems design work will be explored, as well as opportunities for synthesis of systems design skills into legal practice. The class meets one Friday afternoon and four weekend days. Due to the intensive and interactive nature of the seminar, attendance at all class sessions is mandatory. Grades will be based on class participation, submission of a four-page “response paper” in advance of one of the weekend sessions (commenting on and critiquing one of the topics to be covered), and a 20-page final seminar paper analyzing a current dispute system, designing a new system or proposing a new framework for the systems design field.

Prerequisite: A three-credit course on Negotiations, Mediation or Alternative Dispute Resolution. Neither the Negotiations Seminar (LAWJ-317-02) offered in Week One for one credit nor any section of International Negotiations offered for two credits satisfy the prerequisite for this class.

In Spring 2014, this seminar will meet for five days of intensive sessions as follows: 2/21, 12:15 - 4:45 p.m.; 2/22, 2/23, 3/22 and 3/23, 9:00 a.m. - 6:30 p.m.

If you are planning to take the MPRE in Spring 2014 it may conflict with this course because the MPRE will be offered on a Saturday in March. The date should be released by the National Conference of Bar Examiners in October and will be available at http://www.ncbex.org/multistate-tests/mpre/mpre-test-dates-and-application-deadlines/.

Students must attend each class session in its entirety in order to receive credit for the seminar. All enrolled and waitlisted students must attend the first class session in order to be enrolled.