Mediation: Theory & Practice (S)
LAW JD 826
This course will cover the theory and practice of mediation, the use of mediation to resolve disputes in many different legal contexts and the development of practical mediation skills. We will examine the mediation process, including the roles of the mediator and the attorney-advocate representing a party in mediation. We will also address pre-dispute drafting of dispute resolution clauses; mediator selection; and preparation for participation in mediation. The course will include skill building through interactive role-plays. Mediation is part of the legal landscape in every substantive area and legal setting. We will survey many of the areas where mediation is being used effectively to resolve disputes and manage conflicts, including business and commercial; court-connected; federal-state agency (environmental and others); employment/workplace; family and divorce; school and community and international mediation. Due to the interactive nature of the class, you will be expected to attend all scheduled classes and to participate actively. Active participation includes in-class discussion, 7 or more mediation role-plays, assigned reading and preparation of a mediator’s journal. You will have one or more opportunities to act as a mediator, a party to mediation or a representative of a party in mediation simulations with other members of the class. NOTES: This seminar does not satisfy the Upper-class Writing Requirement. This seminar satisfies the upper-class professional skills requirement. ** A student who fails to attend the initial meeting of a seminar, or to obtain permission to be absent from either the instructor or the Registrar, will be administratively dropped from the seminar. Students who waitlist for a seminar are required to attend the first seminar meeting to be considered for enrollment.

