151 / 216
LAW-2288 Mediation Seminar
Ms. Ericka B. Gray,
3 credits day; 3 credits evening.
May not also enroll in Alternative Dispute Resolution
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. A weekend (to be determined) during the semester
will be required for mediation sessions.
Faculty comments
: 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.
Prerequisite: Negotiation
Enrollment is limited: 20
Elective Course
Meets Skills Menu Requirement
Meets Civil Litigation Concentration Requirements
May Fulfill Legal Writing Requirement
Final Paper Required