Mediation

Description

In recent years, individuals and their lawyers have increasingly turned to mediation to resolve disputes. Nearly all federal and California state trial courts and many appellate courts mandate or recommend mediation prior to trial. In mediation, the parties to the dispute, who may be represented by lawyers, are in charge of the outcome. With the assistance of a mediator they may be able to reach agreements at any stage in a dispute, in some cases avoiding litigation altogether, in other cases agreeing when the case is on appeal. This course will introduce you to the theory and practice of mediation. You will learn about the mediation process primarily by experiencing it in role plays and hands-on exercises. The course also includes brief lectures, demonstrations, student presentations, videotapes, readings, out-of-class mediations, and discussion. You will mediate disputes based on actual cases, and be coached in small groups by Bay Area mediators. Writing assignments will enable you to reflect on both your classroom experience and readings that address many of the personal, ethical and policy issues that arise in mediation. The course goals are: To understand the nature of conflict and principles of conflict management; to consider policy and ethical implications of the expanding use of mediation; to analyze the emerging body of law concerning mediation confidentiality; to develop the communication skills essential to effective mediation; to experience and analyze various mediation models and mediator styles; to understand the role of lawyers in mediation and to develop skills in advising, preparing, and representing clients in mediation. Prerequisite: Negotiation.

  • Number of Units: 4
  • Course Number: 638

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