This course offers a deep exploration of mediation as a structured yet flexible form of alternative dispute resolution (ADR). Mediation has become a widely accepted process in resolving civil, commercial, family, employment, and community disputes both in court-annexed programs and in private practice.
The course examines the legal framework governing mediation, core models and techniques, mediator ethics, confidentiality, and enforceability of settlement agreements. Students will explore mediation from multiple perspectives: the mediator’s role, the attorney-advocate’s role, and the disputing party’s experience. Special attention is given to cultural competency, power dynamics, psychological barriers to settlement, and the distinction between facilitative, evaluative, and transformative approaches to mediation.
Course Objectives:
By the end of this course, students will be able to:
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Understand the legal and ethical rules governing mediation in various jurisdictions.
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Differentiate among the primary models of mediation and their theoretical underpinnings.
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Analyze the mediation process step-by-step, including convening, opening, negotiation, impasse, and resolution.
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Evaluate the mediator’s role in managing emotions, power imbalances, and impasse.
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Understand and draft enforceable mediation agreements and analyze issues of confidentiality and privilege.
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Anticipate strategic considerations of attorneys and clients in mediation settings.
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Critically assess the use of mediation in courts, workplaces, public policy disputes, and international contexts.
