Policy Practicum: Mediation Confidentiality and Attorney Malpractice in California
The issue of confidentiality is central to contemporary mediation practice, yet raises significant public policy issues. The California Legislature has directed the California Law Revision Commission to analyze "the relationship under current law between mediation confidentiality and attorney malpractice and other misconduct and the purposes for, and impact of, those laws on public protection, professional ethics, attorney discipline, client rights, the willingness of parties to participate in voluntary and mandatory mediation, and the effectiveness of mediation, as well as any other issues that the Commission deems relevant," with an eye to making recommendations for revising relevant state law. California is a leader in the ADR domain and significant changes in its policies regarding mediation have the potential to affect mediation law in other state courts as well as the federal court system. In this practicum students will work collaboratively to assist Commission staff identify issues for research and analysis, conduct research and prepare policy memoranda for consideration of Commission staff. Elements used in grading: Class Participation, Attendance, Written Assignments. NOTE: Students may not count more than a combined total of eight units of directed research projects and policy lab practica toward graduation unless the additional counted units are approved in advance by the Petitions Committee. Such approval will be granted only for good cause shown. Even in the case of a successful petition for additional units, a student cannot receive a letter grade for more than eight units of independent research (Policy Lab practicum, Directed Research, Senior Thesis, and/or Research Track). Any units taken in excess of eight will be graded on a mandatory pass basis. For detailed information, see "Directed Research/Policy Labs" in the SLS Student Handbook. CONSENT APPLICATION: To apply for this course, students must complete and e-mail the Consent Application Form available on the SLS Registrar's Office website (see Registration and Selection of Classes for Stanford Law Students) to the instructors. See Consent Application Form for submission deadline.
Instructors for this course (Past and Present)Janet Martinez
Deborah R. Hensler