Alternative Dispute Resolution

Requirements

24 credits, with at least 12 cred​​its from the following courses:

  • Title
  • Type
  • Credits
  • ​Examines methods other than trial for resolving disputes. Covers negotiation, mediation, arbitration, and group facilitation. Emphasizes practical skills, policy analysis, and theoretical considerations.

  • Uses a client-centered approach to develop skills in using active listening, dealing with difficult clients, building questioning techniques, developing theories, identifying alternatives and consequences, and engendering client decision-making.

  • Elective
    Credits: 3

    ​Students will examine fact investigation in a variety of contexts through simulated exercises, class discussion, and lecture to identify sources of fact, obtain facts through formal and informal means, apply law to facts, develop case plans, and advise clients based on fact investigation in hypothetical cases.

  • Elective
    Credits: 2

    ​Analyzes use of arbitration to resolve both private and public sector labor disputes. Covers contract interpretation, disciplinary arbitration, and strategies and techniques in presenting an arbitration case.

    Prerequisite: Labor Law or Labor Law in the Public Sector

  • Elective
    Credits: 2

    ​Provides 25 hours of training equivalent to the New York State Unified Court System training program for community mediators. Prepares students to serve as court-affiliated mediators and to counsel clients more effectively regardless of their area of law.

  • Elective
    Credits: 3

    ​Introduces negotiation skills, offering hands-on experience preparing for and negotiating legal issues.

  • Elective
    Credits: 3

    ​Covers civil procedure in New York courts, concentrating on the supreme court, but with references, as necessary, to differentiated practices in lower courts of civil jurisdiction. Examines practice and procedure in the New York courts in detail, from commencement of the action through pleadings and parties.

  • Elective
    Credits: 3

    ​Continues New York Practice I, covering service of pleadings, pretrial motion practice, pretrial discovery, provisional remedies, calendar practice, judgments, appeals, enforcement of judgments, and special proceedings.

    Prerequisite: New York Practice

And no more than 12 of the 24 cre​d​its from the following courses:

  • Elective
    Credits: 2

    ​Explores bioethics issues such as clinical decision making, informed consent, organ donation and transplantation, physician assisted suicide, ethics in managed care, death and dying, and medical research.

  • Elective
    Credits: 3

    ​Covers the developing body of law governing relationships among employers, employees, and unions. Considers the impact of collective bargaining on rights of individual employees, management's prerogatives, and public welfare.

  • ​Surveys the legal problems in areas such as public assistance, housing, health, and education and special problems of defined groups.

  • Elective
    Credits: 2

    Focuses on in-class presentations by students on legal and ethical issues present in the medical records of hypothetical obstetrical or gynecological patients. Law students work in teams with resident physicians in obstetrics and gynecology.

  • Elective
    Credits: 3

    ​Examines corrective measures that may be taken in the legal system to rectify the violation of a legal right. Considers and evaluates questions of what forms of relief, both equitable and legal, may be given and upon what conditions.

  • Elective
    Credits: 2

    ​This course focuses on trial-court methodology, commencing with voir dire, opening statements of counsel, direct and cross-examination of parties and witnesses, closing arguments, and jury instructions.

    *Not open to a student who has taken or is currently taking Trial Practice.

  • ​Exposes students to a progression of pretrial skills necessary to represent a client from client interview up to the actual trial. Students are assigned to represent either the plaintiff or the defendant in a simulated case and take the case through every stage of the pretrial process. Students conduct a client interview, perform informal fact investigation, draft a complaint and an answer, serve interrogatories and answers to interrogatories, conduct a deposition and draft a Motion for Summary Judgement and memorandum of law based on the discovery that they have done. Students are required to attend a weekly on-hour lecture and participate in a two-hour lab where pretrial skills are practiced.

  • ​Exposes students to a progression of pretrial skills necessary to the defense and prosecution of a criminal case.  Students are assigned to represent either the prosecution or the defendant in a simulated criminal case and take the case through every stage of the pretrial process. Students conduct a client/victim interview, perform fact investigation and legal research, draft and respond to criminal charges, demands to produce, motions for discovery, and requests for suppression of evidence.  Students will draft a memorandum of law based on their legal and factual  investigation. Students may also draft and respond to demands for inspection of Grand Jury Minutes, engage in plea negotiations, conduct oral advocacy on arraignment and bail issues, and perform other pretrial matters as time and the selected problem allows. Students are required to attend a weekly one-hour lecture and participate in a two-hour lab where pretrial skills are practiced.

  • Exposes students to a progression of pretrial skills necessary to the defense and prosecution of a criminal case. Students are assigned to represent either the prosecution or the defendant in a simulated criminal case and take the case through every stage of the pretrial process. Students conduct a client/victim interview, perform fact investigation and legal research, draft and respond to criminal charges, demands to produce, motions for discovery, and requests for suppression of evidence. Students will draft a memorandum of law based on their legal and factual investigation. Students may also draft and respond to demands for inspection of Grand Jury Minutes, engage in plea negotiations, conduct oral advocacy on arraignment and bail issues, and perform other pretrial matters as time and the selected problem allows. Students are required to attend a weekly one-hour lecture and participate in a two-hour lab where pretrial skills are practiced. ​

  • Using the same simulated case from the fall semester Trial Practice I: Criminal Pretrial Skills class, students learn the trial skills necessary to conduct the trial of the case.  During the weekly two hour labs each student will prepare and conduct the following: introduction and use of exhibits, making and responding to objections, direct and cross-examination of lay witnesses, impeachment, refreshing recollection and past recollection recorded, direct and cross of an expert, opening statements, and summation.  At the end of the semester, the students team up to conduct a trial of the case in which each side presents at least two lay witnesses and an expert witness.  Students are required to attend a weekly one-hour lecture and participate in a two-hour lab where trial skills are practiced.

    Recommended:  Evidence & Trial Practice I: Criminal Pretrial Procedure ​

Participation in at least one of the​ following experiential programs:​

  • ​The Civil Rights and Disabilities Law Clinic provides law students with a rewarding opportunity to serve clients and develop professional skills.  Under faculty supervision, students represent clients in various administrative forums and state and federal courts.  Many clients are individuals with disabilities who are struggling against systemic barriers that interfere with their civil rights and independence.  Clinic students assist their clients in removing those barriers.  Through simulated exercises and the representation of clients, student interns will develop the skills necessary to be effective attorneys: persuasion, drafting, alternative dispute resolution, negotiation, interviewing, counseling, fact investigation, and trial practice.  Students will also have the opportunity to successfully navigate complicated bureaucracies and negotiate with local, state, and federal officials.  ​​​​

  • In this graded one semester experience, students will be given the challenging opportunity to prosecute domestic violence crimes while acquiring basic lawyering and courtroom skills. Students will learn to interview victims and witnesses, analyze appropriate charging of crimes, engage in fact investigation and fact-gathering and, when appropriate, to conduct oral argument, hearings, and/or trials. Under the joint supervision of Professor Lynch and a specialized prosecutor, students will be assigned to work in specialized domestic violence courts in the Capital Region and begin practicing the skills learned in class. There are some opportunities for students to continue into a second semester for 3 credits and to concentrate on jury selection and advanced witness examination skills.

    Pre/Co-Requisite: Domestic Violence Seminar (must register separately)​​​

  • Dozens of field placement opportunities exist for second- third-year students. They spend a minimum of 10 hours per week​​ at their field placement site and participate in a one-hour weekly seminar.

    Note that most field placement​s need to be topic related and approved by a concentration advisor to count toward a degree.

  • The Health Law Clinic is designed to teach student interns to identify and address the legal issues which poor individuals living with chronic health conditions often face.  Through faculty supervised representation of clients living with, or affected by, HIV or cancer, participating students acquire a broad range of practical lawyering skills in the areas of client interviewing, factual investigation, case planning, client counseling, and litigation advocacy.  Student interns are admitted to practice under the Student Practice Rule which allows them to help clients access necessary health care, obtain public benefits, secure or maintain stable housing, establish court-approved emergency plans for the future care of children, and develop proxies which authorize health care agents to make health decisions.  Participating interns typically take from this experience both a heightened confidence in their lawyering abilities and a broader perspective of their role in ensuring access to justice for the needy.  Clinic clients typically report that the legal services provided relieve stress and allow them to focus their limited energy on their underlying health problems.

    Pre/Co-Requisite: None​​​​

  • This offering is designed as a course in the basic lawyering skills, with the litigation process as its focus.  

    The course has three components: a practice component, a simulation component, and a classroom component.  

    In the practice component, students represent clients in hearings and appeals involving unemployment benefits.  All cases are referred by the Legal Aid Society of Northeastern New York.  Students assigned to represent each client complete the following legal tasks under the supervision of the Clinical Professor: client interviewing; fact investigation; legal research; case planning; preparation of pleadings and all other court papers; and witness preparation and client representation in administrative proceedings and state court.  

    In the simulation component, each student participates in a semester-long simulation representing a client and performing the basic legal tasks required in the practice component.  

    In the classroom component, the legal tasks performed in the simulation and practice components are the subject of lecture and discussion.  

    This progressively challenging approach involves classroom lecture and discussion, simulation, and actual casework, offering law students an ideal introduction to the performance of lawyering tasks. 

    Students are admitted to the limited practice of law under the Student Practice Rule.

    Pre/Co-Requisite: None

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  • (Fall Registration Only - This clinic is a year-long experience.)

    This course will familiarize students with securities arbitration law. Students will study the statutes and regulations governing broker-dealers (brokerage firms) and registered representatives (stock brokers). Students also will represent eligible investors, under faculty supervision, in arbitration proceedings sponsored by the Financial Industry Regulatory Authority or FINRA. Through in-class exercises and client representation, students will be trained in fact investigation, witness interviewing, early case assessment, the use of expert witnesses, the preparation of pleadings, discovery, and arbitration practice (including opening and closing statements, witness examinations, and the presentation of evidence).

    Pre/Co-Requisite: Securities Regulation (or comparable experience)​​

Research​ pap​​​er:

Written under faculty supervision on a relevant aspect of alternative dispute resolution. Must qualify for the Law School's upperclass writing requirement, and may or may not be used to satisfy that requirement.

(Effective February 10, 2011)

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