For a complete list of course offerings in Civil Procedure and Dispute Resolution, including full descriptions and faculty who will be teaching the offerings in 2008-2009, refer to the online  Curriculum Guide. 

Civil Procedure and Alternative Dispute Resolution addresses the web of formal and informal, public and private processes and systems by which law addresses civil conflicts.  These processes include formal adjudication, as well as informal processes for resolving conflicts.  This course of study introduces students to the language, principles, and processes that are the currency of conflict resolution.  It also examines issues of professional role, forcing students to confront ethical issues and to begin the process of professional self-definition.  Procedure simultaneously examines the most basic jurisprudential questions involving rule of values and the most practical lawyering skills, such as how to conduct a trila or raise an evidentiary objection.  Procedural issues frame whether and how substantive claims will be heard.  This area of study also explores fundamental ideas about hte meaning of the rule of law, access to justice, and the circumstances under which power can be legitimately exercised over particular parties and types of disputes.  The study of procedure increasingly involves negotiating the relationships among different tribunals: public and private, federal and state, domestic and international.  Increasingly, procedural disputes are being processed outside formal judicial arenas, through mediation, internal conflict resolution within organizations, and in transnational contexts.  Lawyers must be equipped to use a wide range of conflict resolution processes, to develop strong communication and organizational skills, to adjust the form of conflict resolution to the demands of their clients and of the situation. 

The basis of the curriculum is the foundation course on civil procedure, which surveys elements of a fair procedural system, jurisdiction over parties, phases of a lawsuit, subject matter jurisdiction, choice of law, the effects of prior adjudication, complex litigation and alternatives to formal adjudication.  Upper level courses provide an opportunity to build on this foundation, in several different directions.  Students can hone their knowledge of trial practice and advocacy skills through courses in evidence and trial practice.  A series of courses examines the theory and skills associated with informal conflict resolution, including negotiation and mediation.  Another set of courses examines the issues involved in complex litigation, including choice of law, class actions and remedies.  Students can also deepen their exposure to international procedural issues through courses on international arbitration and adjudication.  Seminars on advanced procedure afford an opportunity to examine the relationship between civil and criminal procedure and the crucial role of remedies in defining the meaning of law-in-action.  Students can examine procedural issues in particular substantive domains, such as the construction industry, torts and civil rights, or from the perspective of particular institutional actors, such as the attorney general.  Finally, clinical offerings and judicial externships provide students an in-depth opportunity to examine the relationship between procedure and substance, to navigate particular procedural systems and to develop the advocacy, problem-solving and communication skills so essential to effective lawyering.