Mediation (LAW-44000A)
HARVARD LAW SCHOOL

SPRING 2013

Instructor:
David Hoffman
Boston Law Collaborative
617-439-4700 Ext. 201

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—at an early stage in the course and near the end as well. 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. A research paper will be required in lieu of a final exam. Students will also do some writing during the semester about the readings—approximately one page per week. Enrollment is limited to twenty-four students. There will be an optional eight-hour mediation training session on Sunday, February 7, led by David Hoffman with several experienced mediators serving as role play coaches. (Thursday 4:00-7:00 p.m.)
Up to five students may participate in the optional spring clinical. Placements are at the Harvard Mediation Program (HMP) for one clinical credit. HMP students must complete an additional three days of training in February, mediate or observe in small claims court in the Boston area every week during the Spring semester, and work one hour per week in the HMP office. Please refer to the Office of Clinical and Pro Bono Programs (http://www.law.harvard.edu/academics/clinical) for clinical registration dates and early add/drop deadlines.

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

SPRING 2012. (SPRING 2013 TBC)

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.)

Mediation
BOSTON COLLEGE LAW SCHOOL (LL-92502 [Fall] and LL-92501 [Spring])

FALL and SPRING 2012/2013
Instructors:
Ericka Gray

Whether you incorporate mediation into your practice as an advocate for your client or you choose to become a mediator, this course provides a sound theoretical and practical skills base necessary for ethical practice. Beginning with an overview of interest based negotiation, mediation theory, and the role of mediation in the legal system, the course progresses to include a skills training component through simulation, role-play and demonstration. The skills training portion of the course includes an all day Saturday session early in the semester (see course web site for date). This course also examines the range of practice areas including family and divorce, public policy, and civil litigation, and explores cultural and gender issues, regulating the practice of mediation, confidentiality, and other important issues. Grading is based on class participation, short writing and other assignments, and a research paper in lieu of a final exam. Enrollment is limited to 24. (Fall: TBA; Spring: TBA)

The courses in this Directory relate to the resolution or management of conflict in a variety of settings. Courses in substantive law in particular fields (such as labor law) are generally not included unless they contain major segments on the resolution of disputes. Courses in related fields, such as arms control and disarmament, are also generally not listed.

By Course Type:
General Overview Courses
Arbitration Courses
Mediation Courses
International Dispute Resolution and Peacemaking Courses
Negotiation Courses
Dispute Resolution in Managing Organizations
Dispute Resolution in Healthcare
Dispute Resolution
in Intercultural and Ethnic Conflicts
Dispute Resolution in the Public Sector

By School:
Babson College
Boston College
Boston University
Brandeis University
Cambridge College
Emerson College
Harvard Business School
Harvard Kennedy School
Harvard Law School
Harvard University Extension School
Harvard University School of Public Health
Lesley University
Massachusetts Institute of Technology
New England School of Law
Northeastern University School of Law
Program on Negotiation Courses
Simmons College
Suffolk University Law School
Tufts University (including The Fletcher School of Law and Diplomacy)
University of Massachusetts Boston