Discussion - 2 hours. This two-credit, skills-based course will offer students hands-on training in the fundamentals of negotiation and mediation, in the specific context of federal court-sponsored mediation. Although it is hardly news that most of today’s law school graduates will spend far more time negotiating than they will trying cases, the need for ADR training continues to outstrip supply. There is a particular need for trained negotiators and mediators in federal court, where it can take a half-decade for civil litigants to reach the courtroom. Increasingly, federal courts are not only encouraging parties to take advantage of court-sponsored mediation, but are mandating it. And mediation in federal court presents particular, recurring issues, including assigned mediators (i.e., not chosen by parties), mediator-judges, rules set by court order, strict time constraints, sophisticated parties with entrenched positions, and less straightforward confidentiality protections than under state law. This course will begin with fundamental concepts, including an analysis of why negotiated resolutions can make economic sense. We will then use simulations, lectures, and reading assignments to build students’ understanding. Students will have the opportunity to draft, and to receive feedback on, mediation statements. In the later portion of the course, as students’ skills grow, we will consider the role of irrationality and critical perspectives.
Final Assessment: Paper
Grading Mode: Letter Grading
Graduation Requirements: Counts towards Professional Skills Requirement.