B771 is taught by J. O'Connor, C. Stafford
This course explores mediation as the most frequently used method of dispute resolution and lays a foundation for the development of advocacy skills in the mediation environment. Class sessions will explore the text materials and theories discussed therein about mediation, as well as negotiation strategies in the mediation context. In addition the class will participate in mediation role playing exercises. This course will cover relevant authority and rules governing mediation and will include discussions on legal ethics in the mediation setting.
Role playing in various areas of practice (e.g. family law, personal injury, business dispute) will be used to reinforce mediation theory that is discussed in class. The class members will be assigned various roles in the mediation. The exercises will be conducted on days that the class would otherwise meet for a general class session, and may be held off campus in a local law office setting.
Written work will consist of four assignments: a Confidential Mediation Statement; a brief short answer paper about a reading; a research paper about mediation, confidentiality and enforcement of agreements; and preparation of a detailed mediation agreement. These written assignments will count for 60% of the course grade, with the remaining 40% of the course grade based on participation in class discussions and role playing exercises. There will be no end of the semester course examination.
This course will be limited to 20 participants. Satisfactory completion of this course will enable the new lawyer to understand the ubiquitous role of mediation in the justice system and prepare the lawyer to represent a client in a mediation session.