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 Democracy and Coercion), or Criminal Procedure, is required.
In Spring 2017, this seminar will meet for five days of intensive sessions as follows: 3/3, 1:15 p.m. - 5:30 p.m.; 3/4, 3/5, 3/25 and 3/26, 9:00 a.m. - 6:30 p.m.
ATTENDANCE IS MANDATORY AT ALL CLASS SESSIONS. All enrolled and waitlisted students must be in attendance at the start of the first class session in order to be eligible for a seat in the class and must attend each class session in its entirety.
If you are planning to take the MPRE in Spring 2017, the exam may conflict with this course because the MPRE will be offered on a Saturday in March or April. The date should be released by the National Conference of Bar Examiners in October and will be available at http://www.ncbex.org/exams/mpre/registration/.
Students may take this seminar and the Negotiations and Mediation Seminar; Negotiations Seminar; or Negotiation and Mediation in Public Interest Settings.
There is a course materials fee for this course, which covers outside vendor materials purchased on behalf of all enrolled students (these materials are distributed as part of the course’s in-class assignments and exercises). This fee is posted to your student account in August (for Fall courses) or December (for Spring courses), or as soon as you are enrolled in the course, whichever is later. Students who drop the course will be refunded the amount. Students approved to withdraw will not be refunded.
A student will be permitted to drop a course that meets for the first time after the add/drop period, without a transcript notation, if a student submits a written request to the Office of the Registrar prior to the start of the second class meeting. Withdrawals are permitted up until the last class for this specific course.
||Room / Days / From-To
(CRN #: 10777)
||Costantino, Cathy A.