Curriculum Guide · Courses

Professor Cathy Costantino

J.D. Seminar 322 | 3 credit hours

This seminar is an interactive course designed to teach the practice and principles of mediation, with particular emphasis on legal and ethical issues. The course will explore the mediation process from multiple perspectives, including disputants, advocates and mediators. Particular emphasis will be placed on how to be an effective advocate during the mediation process, as well as techniques to be an effective mediator. The course is designed to develop proficiency in mediation, both from a strategic and behavioral perspective. The effect of culture, power, and individual attitudes toward conflict will be explored. The class will address practical and ethical questions which surround the use of mediation as a dispute resolution mechanism. Hybrid mediation processes and current issues in mediation will be explored.

Students will be expected to read, write, discuss, critique and participate in simulated disputes. The simulations are designed to familiarize students with the mediation process, to determine when mediation is appropriate, to plan and prepare for a mediation, to participate effectively as both a disputant and advocate in a mediation, to conduct a mediation as a mediator, and to raise practical and ethical issues. Simulations are taken from a variety of practice areas, including community, commercial, environmental, international, litigation and transactional disputes.

The class will meet one Friday afternoon and four weekend days; attendance at all class sessions is required to fulfill class commitment and students must attend the first class to be enrolled. Grades will be based on class participation, development and application of mediation skills, a journal, and a 5-page paper on a topic of interest and importance in the mediation field.

Prerequisite: Completion of all first year courses, except Property and Criminal Justice (or the equivalent Democracy and Coercion), or Criminal Procedure, is required.

In Spring, 2014, this seminar will meet for five days of intensive sessions as follows: 1/24, 12:15 p.m. - 4:45 p.m.; 1/25, 1/26, 2/8 and 2/9, 9:00 a.m. - 6:30 p.m.

Students must attend each class session in its entirety in order to receive credit for the seminar. All enrolled and waitlisted students must attend the first class session in order to be enrolled.

Students may take this seminar and the Negotiations and Mediation Seminar; Negotiations Seminar; or Negotiation and Mediation in Public Interest Settings.