COURSE DESCRIPTION 2012 2013

Mediation Seminar

Prof. R. Lisle Baker,

3 credits day; 3 credits evening. Please refer to the course description, but here is some additional information. The course is taught through the use of readings, exercises, and simulations, including oral presentations; some explanatory lectures (but primarily discussion); and research and analysis outside of class, including some oral interviews when appropriate for informed individuals. There is no examination but a series of smaller writings which can include journals, analytic papers, and research. For example, students prepare a short paper assessing their own skills as well as prepare and present a longer research paper on a dispute resolution topic. Class participation is not formally graded but is weighed in evaluating the overall work and performance of the participating student. The course may differ from the usual offering in that participating students are asked to reflect on their own skills in the context of understanding negotiation and mediation. Mediation is becoming an increasingly important vehicle for resolving disputes that might otherwise go to court, or if in court, to trial. While the framework of litigation is well- established, mediations often are shaped by both the nature of the dispute the nature of the disputants, and the nature of the mediator. This course helps students understand mediation as a form of consensual dispute resolution that assists the disputants in negotiating a resolution that is preferable to the litigation alternative. To that end, students begin learning basic negotiation theory and practice and then move to applying that learning in the mediation context. Students keep an extensive journal about their readings and their experiences in course simulations that form the basis of a brief paper on their own mediation skills. In lieu of an examination, students also write a paper that can involve both library and field research on some aspect of dispute resolution which they present to the seminar. Not available to students who have taken other mediation or negotiation courses.

Enrollment is limited: 18

Elective Course

Meets Skills Menu Requirement

Meets Civil Litigation Concentration Requirements

Final Paper Required