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Course Descriptions

Course Descriptions

Mediation Advocacy (Spring 2019)

  • Course Number: LAW-828
  • Class Number: 03574
  • Instructor: Jason Marsili

Course Description

From Spring 2018

A.   Course Description

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.

B.   Instructor

Professor:  Jason C. Marsili

Phone:  (213) 389-6050 ext. 28

Email:  jmarsili@posner-rosen.com

            marsili@usc.edu

Office Hours:  By Appointment

C.   Textbooks

Golann and Folberg, Mediation: The Roles of Advocate and Neutral (2d ed.)

Credit and Grading

This course will be a 3 unit course lasting for one semester.

Prerequisites

There are no mandatory prerequisites for this course, however, students who have previously taken Negotiation Theory & Application will have a greater comprehension and command of negotiation elements inherent in the mediation process.

Class Recording

Your class will not be routinely recorded. In the event you want a class session to be recorded please send an e-mail to help@law.usc.edu with the date(s), start time(s), end time(s), and room number(s) for the recording(s) you are requesting.  Please note that while our Computing staff will do their best to accommodate every request, you should submit any recording requests at least 24 hours before the class session begins.

Course Objectives

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.

II.   Course Requirements & Guidelines

Class Preparation and Participation

Class discussions will operate on the assumption that students have completed the assigned readings and are prepared to actively participate.  Reading assignments and/or exercise roles for each class will be assigned during the previous class.   

Attendance and Classroom Behavior

Regular and punctual attendance is expected of all students as well as active participation in classroom discussions and simulated exercises.

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 101
  • Exam: None
  • Writing Requirement: No
  • Skills/Experiential Unit Requirement: yes
  • Participation: Required and graded