Given the prominence of both court-mandated and voluntary mediation as a means of resolving legal disputes, the ability to effectively represent clients in mediation is an essential lawyering skill. This course will examine the theory and practice of representing clients in mediation through readings, demonstrations, role plays, critique, class discussions, presentations, and written assignments.
The goals of the course include: introducing students to the nature of conflict and principles of conflict management; considering the policy and ethical implications of the use of mediation as a means of conflict resolution; developing negotiation and communication skills; experiencing and analyzing various mediation models and mediator styles; fostering emotional literacy and reflective skills; understanding experientially the lawyers role in mediation and developing skills in preparing and representing clients in mediation.
As part of the course, students will take part in series of increasingly complex simulations emphasizing various components of mediation advocacy including: client interviewing, counseling and preparation, negotiating, writing mediation briefs, and advocacy in mediation sessions. In the final mediation simulation, students to will represent clients played by actors before practicing mediators drawn from the legal community.
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Students will be expected to attend class regularly and to participate in class discussions. Students grades will be based upon participation in class discussions (25%) and the quality of their preparation and performance in various course simulations (75%).