LAW 867TUT - Mediation Clinic

Mediation has become an extensively utilized dispute resolution tool as Federal and State Courts establish mediation referral programs and as clients are increasingly hiring private sector mediators (often who are lawyers) 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. The best way to understand mediation is to actually be in the mediator’s chair in real time. The Mediation Clinic allows students to do just that–to mediate (or co-mediate) disputes of actual parties pending in Small Claims Court, Family Court, community disputes, even UB undergraduate dorm disputes. Furthermore, for what averages out to be about a one half-day block per week throughout the semester outside of class, students will observe various types of ADR in action in our courts and sometimes conduct additional mediations (as they are available in each venue). We will meet weekly as a class on Friday afternoons, during which students will conduct mediation role-plays, work on skill building, share experiences, and discuss ethical and other issues arising in their mediations and other course experiences. The students will be videotaped mediating simulated disputes in class to maximize their skill development and understanding of the process. For one Friday afternoon per month, the class will meet right at Amherst Small Claims court to mediate cases. We will also meet at Lancaster Small Claims Court to mediate cases once a month on Thursday evenings. Ongoing journal entries will be emailed to the professor containing reflections on each of the student’s mediations, ADR observations, assigned articles and videos and other experiences in the course. One weekend day early in the semester will be utilized as a further mediation skills training day (“mediation boot camp”).

Credits: 4