Mediation is having an increasingly profound impact on the way law is practiced in the U.S. and internationally, and clients expect both transactional lawyers and litigators to have a working knowledge of the mediation process. This course focuses on the theory and practice of mediation. Students will have opportunities to try mediating and serving as an advocate in mediation. The readings and discussion will address legal, ethical and policy issues arising from the use of mediation -- such as confidentiality and privilege, credentialing of mediators, the institutionalization of mediation in courts and world of business, differing styles of mediation and mediation advocacy, and the role of gender, class, culture and psychology in the mediation process. Students will write a research paper in lieu of a final exam. Students will also do some writing during the semester about the readings -- approximately one page per week.
There is no required text other than photocopied materials.
Some seats are reserved for students in the spring Mediation clinic. Students who enroll in the spring Mediation clinic will be enrolled in this course by the Office of Clinical and Pro Bono Programs. If a student drops the spring Mediation clinic they will also lose their reserved seat in this course. Please note that this course has an early drop deadline of January 15, 2016 for students enrolled in reserved clinical seats.
Students enrolled in the Mediation clinic are required to attend one of the two 32-hour training sessions offered by the Harvard Mediation Program. The first session will occur in fall 2015 on October 3, 4, 17, and 18. The second training session will occur in Feburary 6, 7, 20 and 21 For more information, contact Prill Ellis, Clinical Supervisor at email@example.com, call the HMP office at 617-494-1854, or stop by HMP located in Pound Hall, Room 521.