This course is designed to give you an important skill set: preparing for and negotiating on behalf of a client in a mediation setting. Unlike a trial, arbitration or appellate setting, where the people listening to you are neutral, in a mediation you are dealing with the decision makers on the other side, people who often behave in a hostile manner towards you and your client. Through practice you can acquire skills that will make you an effective advocate in a mediation setting, including learning to communicate information to the other side in a way they can hear it, identifying the various needs and interests of the parties (as opposed to just the positions), and approaching a dispute as an opportunity to solve a problem creatively. We will touch on the decision science (neuroscience, psychology, and behavioral economics) and cultural competency tools that can make you more effective, and also explore Online Dispute Resolution (ODR), which is quickly emerging as a way to resolve disputes using AI in combination with human mediators.
The problem solving skills you will learn in this class can be tremendously helpful whether you are representing a client in a mediation, negotiating a deal in a business or government setting, or settling a case in a pre-trial conference with a judge. Clients appreciate lawyers with these skills because they are able to preserve business and family relationships while still obtaining results that protect client interests at a reasonable cost. Conflict management skills are also highly valued in non-traditional legal careers.
The course will also prepare you to represent a client in positional negotiations where the mediator provides an evaluation of the case.
Mediation skills are best learned from hands-on experience. Therefore, a substantial portion of this class will involve role-playing simulations. Over the course of this class, you will have the opportunity to serve as mediators, represent clients, be clients, and give feedback as observers.
The problem solving skills you will learn in this class can be tremendously helpful whether you are representing a client in a mediation, negotiating a deal in a business or government setting, or settling a case in a pre-trial conference with a judge. Clients appreciate lawyers with these skills because they are able to preserve business and family relationships while still obtaining results that protect client interests at a reasonable cost. Conflict management skills are also highly valued in non-traditional legal careers.
The course will also prepare you to represent a client in positional negotiations where the mediator provides an evaluation of the case.
Mediation skills are best learned from hands-on experience. Therefore, a substantial portion of this class will involve role-playing simulations. Over the course of this class, you will have the opportunity to serve as mediators, represent clients, be clients, and give feedback as observers.