Whether through choice, corporate policy, or judicial order, the practice of mediation of judicially cognizable disputes is growing at such a pace that it is incumbent on all lawyers to be familiar with the process. It is particularly important that lawyers charged with managing disputes be competent in representing clients in mediation. The objectives of this course are: (a) to develop a firm and practical understanding of the principles of mediated negotiation; (b) to acquire skills necessary to represent a client’s interest in the course of representation during mediation; (c) to appreciate the value that may be added by mediation in anticipating, managing and resolving client disputes; (d) to recognize mediation’s role in transactional and other non-litigious contexts; and (e) to undertake research on and prepare a paper concerning a current topic in mediation.

In this upper-level simulation course, students will participate in a series of small group role plays.

Students who have taken Commercial Mediation Workshop are ineligible to take this course. The material is substantially similar and going forward, this course is intended to supplant Commercial Mediation Workshop in the curriculum.

Approved for the Experiential Learning Requirement. Satisfies the Writing Requirement.

Please note: Per ABA rules, this course may only be used for one graduation requirement. Students must communicate with the Registrar at the time of registration to elect to count the course for either Writing Requirement or Experiential Learning Requirement.

Recommended for the Following Professional Pathways: Labor and Employment; Media, Entertainment, Sports, Fashion; Corporate Transactions and Governance; Financial Services and Compliance; Health Care Management and Compliance; International Business; Labor and Employment (Corporate Perspective); Government/Public Sector; International Law/Human Rights; Labor and Employment; General Practice – Litigation/Dispute Resolution

2 Credits