Mediation Theory and Practice

Mediation Theory and Practice
BOSTON UNIVERSITY LAW SCHOOL (JD 826)

SPRING 2011
Instructor:
Bette Roth
617-353-8747

This course covers the theory and practice of mediation, the use of mediation to resolve disputes in different legal contexts, and the development of practical mediation skills. We will examine the mediation process, including the roles of the mediator and counsel representing a party in mediation. We will also address dispute resolution clauses, mediator selection, preparing for mediation, and ethical considerations for advocates and mediators. The course will include skill building through inter-active role-plays and others class exercises.

Mediation is part of the legal landscape in every substantive area and legal setting. We will survey many of the areas where mediation is being used effectively to resolve disputes and manage conflicts, including business and commercial, court-connected, federal-state agency (environmental and others), employment/
workplace, family and divorce, school, community, and international.

Due to the inter-active nature of the class, students will be expected to attend all scheduled classes and to participate actively. Active participation includes in-class discussions, mediation role-plays, assigned reading, and maintaining a weekly journal. There will also be a final research paper. Students will have opportunities to act as a mediator, counsel, and a party to mediation. (Wednesday 10:40 a.m. to 1:40 p.m.)