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Course Descriptions

Course Descriptions

Employment Dispute Mediation (LLM Only) (Spring 2019)

  • Course Number: LAW-826
  • Class Number: 04051
  • Instructor: Todd Smith

Course Description

: Employment Dispute Mediation provides a general survey of the fundamentals of the mediation process, substantive employment law, as well as the skills necessary to be an effective employment law mediator.  The course will begin with an introduction to mediation and negotiation with an emphasis on “why mediate” and the use of distributive bargaining.  Students will then learn steps to take in starting the mediation process, the importance of the mediator’s opening statement, and various psychological and cognitive factors affecting the mediator’s approach and strategies.  The class will also include an overview of California law governing common employment disputes with a particular emphasis on discrimination, harassment, retaliation and wage and hour laws.  Through both lecture and class exercises, students will also learn to identify and frame the most common issues that arise in each of these substantive law areas.  How to identify and handle mediation impasse as well as highly emotional cases and cultural issues affecting mediation will be explored.  Finally, students will learn about closing the deal, drafting settlement agreements and commonly negotiated terms, as well as what to do when settlement is not achieved.

Course Details

  • Unit Value: 2
  • Grading Options: Numerical Only
  • Schedule: Tuesday, 6:30p-8:50p
  • Room Number: Room 107: Ackerman Courtroom
  • Exam: In-class exam
  • Writing Requirement: No
  • Skills/Experiential Unit Requirement: no
  • Class Recordings: Never
  • Access To Recordings: Not Available