Discussion - 2 hours. Satisfies Professional Skills Requirement. The focus of this interactive course is on attorney representation of clients in mediation. Through reading, discussion, role play, and interaction with local practitioners, students will develop the ability to effectively combine advocacy skills and collaborative problem-solving tools, learning to think and act strategically from the beginning of any dispute.
Mediation has become an integral part of the litigation process. At both the trial and appellate levels, court-sanctioned mediation programs have become the rule rather than the exception. In some cases, mediation is strongly encouraged. In others, participation is ordered by the court. In still other contexts, wise attorneys may be able to utilize the mediation process to resolve disputes in ways that leave their clients with greater satisfaction than they could have achieved through trial. As a result, becoming an expert in the use of mediation is essential to effective client representation. The course will examine (1) ethical issues in representing clients in mediation, (2) practical issues in preparing both the case and the client for mediation, and (3) strategies involved in representing clients effectively in a mediation session.Students will be graded on preparation, participation, and several short papers. Class limit: 24 students.