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Course Descriptions

Course Descriptions

Mediation Advocacy (Spring 2018)

  • Course Number: LAW-828
  • Class Number: 03582
  • Instructor: Jason Marsili

Course Description

From Spring 2017

Mediation Advocacy recognizes that many legal disputes are often resolved in mediation.  This course introduces students to the process of mediation, explores the philosophical approaches to mediation and different styles of mediating, develops a working knowledge of the stages of mediation, and cultivates students’ skills to become effective advocates throughout each stage of the process.  Students will learn about mediation both as an independent mechanism and as a strategic tool to resolve litigation.  Students will also develop an understanding of the evolving roles of mediators and advocates and establish an appreciation for the legal, ethical, and psychological issues that permeate the process.  Through simulated exercises and reflective discussions, students will develop confidence as client representatives and a proficiency in mediation advocacy.

Through classroom discussion and completion of the assigned readings, students will develop a comprehensive understanding of mediation, including its psychological and theoretical foundations, the philosophical approaches to the process, and the legal and ethical considerations facings mediators and advocates.  By participating in simulated exercises, students will develop skills to better represent clients and achieve results through use of the mediation process.

Grading Criteria

Small Group Exercises and Classroom Participation (50%)

Students will be required to participate in simulated mediation exercises focusing on various aspects of the mediation process and engage in classroom discussion reflecting on concepts drawn from the readings.

Midterm Mediation Brief (20%)

Students will each individually draft a mediation brief from a case file provided to them.

Final Mediation Project (30%)

Students will participate as teams in all stages of a mock mediation process, including analysis of the legal claims, management of the client’s expectations, drafting the mediation brief, and participation in the mediation session.


Course Details

  • Unit Value: 3
  • Grading Options: Numerical Only
  • Schedule: T 6:00 pm - 8:50 pm
  • Room Number: Room 103
  • Exam: None
  • Writing Requirement: No
  • Skills/Experiential Unit Requirement: yes
  • Participation: Required and graded