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Course Guides | Spring 2023

Mediation Representation (LAWS 5744)

Course Info

An advanced course exploring the fundamentals of conflict, mediation theory, doctrine and practice, its historical evolution and increasing use as a centerpiece of modern legal dispute resolution. The course will cover the theory, doctrine, history and practice of mediation; the mediation process; the mediator's, client's, and advocate's role in mediation; the underlying principles of bargaining, risk and value and how to adapt these negotiation skills for a mediation setting. Students will also learn how to use mediation as a problem-solver for the client. Format is lecture, discussion and student presentation and simulation. The course includes the writing of mediation memoranda, as well as mediation role playing, with critique from the teachers and invited guest mediation practitioners.

Instructor

Prof. Kathryn Mercer

Prof. Kathryn S. Mercer is Professor of Lawyering Skills, teaching the leadership component of LLEAP 1 and 2, Alternative Dispute Resolution, and Mediation.

Syllabus

The syllabus for your course is available on Canvas.

Textbooks

Study Aids

These study aids are available online.  Please click the hyperlinked title to view them. For instructions on how to use the specific platforms, including troubleshooting, please view Andy Dorchak's Study Aids Research Guide.