ERIC Number: EJ1225372
Record Type: Journal
Publication Date: 2019
HBO for ADR: Using Television's "Silicon Valley" to Teach Arbitration
Fricke, Michael R.
Journal of Legal Studies Education, v36 n2 p359-380 Sum 2019
When it comes to the legal issues surrounding alternative dispute resolution (ADR)--specifically mediation and arbitration--the confidential nature of many ADR agreements leaves teachers lacking good examples to illustrate how mediation and arbitration proceedings function. This dearth of examples may contribute to ADR being given short shrift in business law courses. For those teaching in business schools, their students are highly likely to encounter some form of ADR during their careers. The fact that the average arbitration reaches a final decision in about seven months while the average civil lawsuit with court action in federal court takes 25.9 months to be resolved (as of 2016) makes ADR a very attractive alternative to litigation. Further, the fact that there are more than nine times as many professionals working as mediators, arbitrators, and conciliators in the United States than there are federal judges demonstrates the importance of ADR in the U.S. economy. In this article, the author provides an example of an arbitration proceeding from the HBO television show "Silicon Valley" that is realistic and encourages student engagement much like many popular court cases. Utilizing this example in a legal studies classroom serves several important purposes. First, it gives the students an engaging look into the world of arbitration and how it compares to litigation. Second, it allows the instructor to synthesize several class topics--such as contract formation and ownership of intellectual property (IP)--in one complex case study. Finally, it helps students learn how to apply the law to a fact pattern.
Descriptors: Arbitration, Program Effectiveness, Court Litigation, Teaching Methods, Skill Development, Television, Video Technology, Undergraduate Study, Law Related Education, Business Administration Education
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Publication Type: Journal Articles; Reports - Descriptive
Education Level: Higher Education; Postsecondary Education
Authoring Institution: N/A