This new course will begin with an exploration of the
theories behind and the advantages and disadvantages of dispute resolution
processes (focusing mostly on mediation but also negotiation, arbitration,
litigation, collaborative law, and others). After acquiring the theoretical
background of mediation and alternative dispute resolution, students will learn
both how to actually mediate and how to effectively represent clients in
mediation. This will include helping disputing parties to communicate effectively,
identifying and framing negotiable issues, and assisting parties to think
outside of the box to generate mutually satisfactory outcomes. This active
learning will be accomplished through an overview of the mediation process,
mediation skills training and various role-plays. This 3-credit
limited-enrollment, graded course will require students to participate in
mediations, both as mediators and attorneys. Students will develop their
communication, negotiation and drafting skills, as well as developing a vision
of the lawyers role as problem-solver. The final grade will be based upon 1)
class attendance and active participation, 2) completion of a final mediation
simulation (which must be scheduled outside regular class meetings) and 3) a
final research paper about a topic in the field of mediation or alternative
dispute resolution.