LAW 565B - Introduction to Mediation

October 14 - December 8 Fall 2021
Section 101/201 3 units • Graded • Online
This course is designed to help students gain a basic understanding of mediation principles, theory and practice. Mediation is facilitated negotiation. Mediation is a voluntary dispute resolution process in which a neutral third party facilitates and coordinates the negotiations of disputing parties. Unlike a judge or a jury, the mediator does not have the authority to impose any decision upon the disputants. Instead, the mediator guides the disputants through a discussion of their problems, the issues that need to be resolved, and alternative solutions for the resolution of the dispute. The disputants decide whether and how to resolve the dispute. Mediation is the most widely used alternative to litigation. It is a process that people will use with greater and greater frequency. Mediation is less expensive, more timely, and, often, produces more accepted results than the adversarial process. Mediation may also help disputing parties better communicate and exchange information than litigation processes. Through the use of simulations and exercises students will understand the process and learn skills used to assist parties with divergent interests to reach a resolution. Students will have the opportunity to be both the mediator and a party in a dispute, students will learn how third-party intervention can resolve conflict in a wide variety of settings, from workplace and commercial to interpersonal and community disputes. A significant focus of the program will be the use of mediation role play exercises in which students will be observed and coached by faculty. Another significant focus will be the use of mediation in the digital age. The course provides basic facilitative mediation training; students may satisfy basic mediation certifications for your state. Students can also earn credits towards an MLS concentration in Alternative Dispute Resolution.
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