LAW 722LEC - Mediation Theory & Prac

Mediation is becoming an extensively utilized dispute resolution tool as Federal and State Courts establish mediation referral programs and as clients are increasingly hiring private sector mediators to avoid costly court battles and to maximize results. It is vital that new lawyers are cognizant of what mediation is all about, whether they want to possibly make mediation part of their future law practices, or simply know enough to effectively advise and assist their clients at mediation sessions. This course examines mediation as a tool for resolving conflict, both in the legal and non-legal arenas. We will look at mediation from both a practical and theoretical perspective, drawing upon a variety of reading materials, speakers and videos. Topics we will cover include the nature and dynamics of conflict, negotiation theory and practice, and, in greatest depth, the mediation process itself. We will learn about the stages of mediation; the varied roles, styles, and orientations of mediators; mediators communication skills and other tools used in mediating conflict; mediation ethics; the use of mediation in various contexts, including the court system; and the role of attorneys representing clients who participate in mediation. To bring mediation to life, students will participate in many mediation role-plays, communication and other hands-on exercises.

Credits: 3