INTERNATIONAL DISPUTE RESOLUTION PROCESSES
UNIVERSITY OF PITTSBURGH, SCHOOL OF LAW
Mondays, 3:00 – 4:50 p.m. Classroom 109
SPRING 2008
Course Purpose Overview:
The globalization of the economy and the increasingly international aspects of life have promoted arbitration and mediation as a means of resolving international commercial disputes. The rise of Alternative Dispute Resolution (ADR) in North America is mirrored abroad as numerous civil law countries enact domestic arbitration statutes and international statutes and NGO’s include dispute resolution provisions. Increased utilization of alternative processes, particularly arbitration, is a natural outcome of exportation of the concept of the Rule of Law to former communist societies and emerging Third World democracies. Economic theory states that for a capitalist society to succeed that there must be a strong middle (mercantile) class supported by reliable dispute resolution mechanisms for commercial and other property transactions. This course explores the dispute resolution methods and their application both internationally and in the United States with the emphasis being on arbitration and mediation. Few practicing lawyers ever try cases in front of juries or even judges. Over 98% of cases filed in courts are resolved by other means. A greater understanding of the mediation and arbitration provides a foundation for future success in the practice of law. We will also explore mediation use in the political process and how it is used for peacemaking in crisis situations and peacebuilding following violent civil conflict. Societal stability rests upon strong civil institutions and associations which form the infrastructure required for peace.
Course Description
The course focuses on the practical applications of mediation and arbitration to disputes. Although theory is read and discussed, it is in the context of real world experience. The course has a minimal amount of reading of case law. The course content explores all aspects of mediation and arbitration, including the decision to use ADR and the drafting of dispute resolution clauses. Attitudes of consumers, business entities and the legal profession, especially the interaction between the court systems and the treatment of ADR are considered in depth. How mediation has been utilized to obtain ceasefires and peace accords is also an element of the course.
Course Faculty
Robert A. Creo has over 30 years of practical experience in the dispute resolution field as an attorney, author, arbitrator, mediator, special master and educator. He is recognized as an expert on dispute resolution both domestically and internationally. He has served as a neutral in thousands of cases, (over 4,000 days) since 1979. He has been a member of the National Academy of Arbitrators since 1986, was the founding President of the International Academy of Mediators in 1997, and is the is a cofounder and Secretary-Treasurer of Mediators Beyond Borders (MBB), a non-profit organization which brings together mediators and students to work in post-conflict communities in a pro bono conflict resolution capacity. Mr. Creo has served in various leadership capacities for many organizations, such as the Pennsylvania Bar Association, Allegheny County Bar Association and Association for Conflict Resolution. He publishes a regular column, The Master Mediator, for the CPR International Institute for Conflict Prevention and Resolution (www.cpradr.org). He has authored numerous publications on arbitration and mediation, including Alternative Dispute Resolution: Law Procedure and Commentary for the Pennsylvania Practitioner (George T. Bisel Company, Inc., October 2006). He is a frequent presenter at educational conferences in North America and abroad. Additional information may be found at www.rcreo.com.
Course Format, Participation and Decorum
This is designed as an upper level elective of two credits in a seminar format on Monday afternoon (3:00 - 4:50 p.m.) each Spring semester without a break in the middle of class. Student participation is limited to International LL.M. students and 32 upper level students. The approach is an interactive dialogue with role playing and exercises, supplemented by videos and stimulations. Classes will NOT consist of a review of reading assignments; class time is utilized to expand upon the reading assignment and detailed review is only in response to questions of students.
TO DOWNLOAD THE FULL CLASS SYLLABUS FOR SPRING 2007, PLEASE CLICK ON THE FOLLOWING LINK: 
2008 PITT SYLLABUS.doc
