This course examines mediation theory and practice. A variety of readings, exercises, and roleplays are employed to encourage rigorous analysis of mediation concepts and critical assessment of the application of these concepts in practice. Topics covered include negotiation theory, stages of the mediation process, ethical issues in mediation, bringing parties to agreement, dealing with power imbalances, and the lawyer's role in the mediation process.
Students participate in exercises at various stages of the mediation process.
2 law school credits Minnesota Supreme Court certification under Rule 114 and 30 CLE credits applied for. The course examines in particular the potential of facilitative and non-binding evaluative processes to resolve conflict consensually, and explores relevant conflict theory and creative process design. Using a combination of lecture, roleplays, and other interactive exercises, this course lays the foundation for advocates in these processes, as well as those intending to serve as neutrals. Some time also is spent examining the development of regulatory structures for ADR processes and practitioners within courts, administrative agencies, government, and professional organizations. 2 law school credits 26 CLE and Rule 114 credits applied for.