The use of mediation is now widely accepted in the civil justice system as a means of resolving legal disputes, and in some jurisdictions is required by courts as a mandatory step in the litigation process. Mediators provide the valuable service of facilitating a negotiation between civil litigants to allow them to come to a speedier, less costly and more amicable resolution than is possible through the adversarial litigation process. Mediation allows for more personalized and tailored resolutions that take into account the specific needs and interests of the parties involved, and allows parties to decide their own resolution to the matter, rather than the judge or adjudicator.
Mediation is also used in a wide variety of other forums, as well as the civil justice system. This course examines the many contexts in which mediation is used to help parties to resolve conflict, including workplace, family, neighborhood, human rights, and community policing, to name a few. Guest speakers who are practicing mediators from a variety of areas will be invited to classes to engage students in discussion and debate.
The course will provide students with an opportunity to explore the theory and practice of mediation. Students will expand their ability to appreciate all sides of a dispute, and learn techniques for conflict de-escalation, consensus building, and resolving conflicts in a creative and efficient manner. Mediation training will also allow students to sharpen their communication, listening, and questioning skills, essential skills of a mediator. Students will develop a solid understanding of not only the skills required to be an effective mediator, but also the requisite skills required as lawyers serving as mediation advocates to clients in a mediation.
The nature of the course will be a mix between teaching and class discussions of mediation theory and methodology, and the direct application of the skills learned through role plays. Three of the classes will be devoted to mediation role plays, where the students will have the opportunity to play the roles of mediator, plaintiff and defendant. Students will receive direct feedback on their performance from professional mediators.
