Mediation

As law is practiced today, attorneys are far more likely to participate in multiple mediations than trial. Mediation has become the preferred approach to conflict resolution in most states and many parts of the world. With the assistance of a mediator, parties can reach agreements at any stage in a dispute, in some cases avoiding litigation altogether, in other cases agreeing just before trial or when the case is on appeal. The course goals are to understand the nature of conflict and principles of conflict management, to develop the oral and written communication skills essential to effective mediation, to evaluate various mediation models and mediator styles, to practice all of the phases of a mediation and appropriate use of caucus, to consider the policy and ethical implications of the expanding use of mediation, and to develop the skills necessary to represent clients in mediation. The class methodology is highly experiential, with more than half of the class consisting of practice from the perspective of client, advocate and mediator. The course also includes readings and discussions, brief interactive lectures, demonstrations and videotaped sessions. Each student receives individual feedback from an experienced Bay Area mediator and develops skills that will be useful in client development, interviewing, counseling, fact development and legal analysis, negotiation and a variety of contexts beyond mediation. You are encouraged to apply if you have taken (or are concurrently taking) the basic negotiation class or its equivalent in studies or experience. Elements used in grading: Class participation, attendance at all classes, and assignments. CONSENT APPLICATION: To apply for this course, students must complete and submit a Consent Application Form available on the SLS website (Click Courses at the bottom of the homepage and then click Consent of Instructor Forms). See Consent Application Form for instructions and submission deadline.