USC Gould Alumni Reflect on Time with Mediation Clinic After Six Years

When USC Gould launched its Mediation Clinic in 2007, alternative dispute resolution was already one of the fastest growing areas of law. Today, with the courts under unprecedented strain due to budget cuts, mediation is more important than ever. Under the direction of Adjunct Professor Lisa Klerman, USC Gould’s Mediation Clinic teaches students dispute resolution skills by mediating cases in Los Angeles Superior Court. The clinic is so popular that Klerman added an Advanced Mediation Clinic in 2010. Below are first-person accounts from the inaugural Mediation Clinic class of 2007. They share how the clinic shaped them as attorneys and helped them in the practice of law.

I was one of the founding members of the Mediation Clinic at USC Gould. The clinic was unlike any other class I took while in law school. It provided me with tools and skills like active listening that have helped me become a better lawyer.

I practice employment law at Morgan Lewis, where I must regularly communicate with opposing counsel. Many of my cases end up in mediation. Using skills I learned in the Mediation Clinic, I have been able to informally resolve disputes, rather than seek court intervention.

One of the most memorable cases I mediated involved a dispute between a pastor of a community church and the church’s board. There were several complicated issues to be resolved, including the plaintiff accusing the church members of murdering his sister and requesting that the church provide him with a potentially fraudulent sponsorship letter. Despite the fact that neither party spoke English, my peers and I worked out an agreement and avoided court intervention.

This case was eye opening. It showed me that even the most dire situations could be resolved through strategic mediation. Many attorneys tend not to listen carefully to opposing parties and overlook their clients’ true interests. My prior experiences at the clinic taught me to be an active listener, which has helped me succeed in my career.

I realized, after graduating law school and starting my career, the skills I took away from the Mediation Clinic were useful skills in any field.

I practice intellectual property law at Austin, Rapp & Hardman, and my practice is focused on the preparation and prosecution of domestic and international patent applications. I spend much of my time corresponding with patent examiners, who sometimes take on questionable positions. They can be difficult to respond to, since patent examiners are both judge and opposing counsel, but the Mediation Clinic taught me how to re-frame statements, listen actively and control volatile situations. Having these skills means I take on cases with more confidence.

But I have also applied what I learned from the clinic to areas outside my legal career. I served as the leader of an inner-city Latter-day Saint congregation, and in that ecclesiastical role, I frequently counseled individuals experiencing serious challenges, like overcoming drug addictions, and couples experiencing marital difficulties. Often there were emotional issues involved where it was critical that I listen carefully and frame my statements in an edifying way, as I learned to do in the clinic.

By mediating real disputes through the Mediation Clinic, I developed a more practical, problem-solving mentality for addressing issues, legal and otherwise, which is what made it such an incredible learning experience.

In law school, I gained a deeper understanding of and appreciation for the changing and fluid nature of mediation and settlement negotiations. I learned how to anticipate issues, think on my feet and think creatively about alternative solutions that the disputing parties may not have considered. And with the Mediation Clinic, I was able to develop and practice these skills in live settings.

The clinic encouraged me to think more broadly about the big picture and taught me how to take a step back to figure out what the parties really want. This makes it much easier to achieve results on behalf of my clients. And the practical, real-world experiences I had gave me a leg up on the steep learning curve that all new attorneys face when starting their first job out of law school.

My best memory of the Mediation Clinic was meeting with Los Angeles Superior Court Judge Alexander Williams III (now retired), who, at the time, was the settlement conference judge at Los Angeles Superior Court. We observed him handle a mediation and were then able to ask him questions.

I encourage all students to take the Mediation Clinic, or another clinical course that interests them, because of the hands-on, practical experiences that clinics offer. Any opportunity to practice skills in real-life settings is invaluable.