Course Details

Mediation Advocacy

This course focuses on the perspective of the legal advocate in the mediation process. Over the last 70 years, we have seen a 90% decline in the number of cases going to trial. The vast majority of cases now settle prior to trial, with less than 1% of federal civil cases going to jury trial (bench trials are even lower). Attorneys today need to understand how to effectively advocate for a client in a wide variety of settings including negotiation, settlement conferences, judicial settlements, and mediation. Effective advocacy in mediation has some elements in common with effective advocacy in litigation, but also many different elements. Course materials and exercises will discuss different mediation models and mediator styles, mediator selection, attorney preparation, client preparation, as well as advocacy during the mediation session itself. Students will also explore how rules of professional conduct and ethical standards impact mediations. Students will read material on mediation advocacy as well as learn from experienced advocates, and will also participate in exercises in which they play the role of an attorney representing a client in mediation. Attendance in class is mandatory. A student who misses a class for any reason other than illness will lose participation points that could result in a lowered grade. Any student who is not present at the first class meeting will be dropped from the course. The last date for dropping the course will be 5:00pm of the first class. No drops will be allowed after that. Prerequisites: Negotiation, LITARB 670 or 670K or Cultural Negotiation LITARB 674 are a co-requisite for this course. Students concurrently bidding to be enrolled in Negotiations may bid on this course. Evaluation: Grades will be based on demonstrated comprehension of the principles of effective advocacy in mediation as demonstrated in class participation (30%), a randomly selected mediation representation plan (MRP) (25%), self-analysis of a videotaped simulation (25%), and external presentation (20%). Text: Mediation Representation (3rd Edition) by Harold Abramson.

Catalog Number: LITARB 691

Course History

Spring 2015
Title: Mediation Advocacy
Faculty: Carrel, Alyson (courses | profile)
Section: 1     Credits: 3.0
Capacity: 24     Actual: 21