MEDIATION ADVOCACY FOR LITIGATORS
(LAWJ-4054) - 2 UNITS
While trial advocacy skills are important for any litigator, more than 95% of legal disputes resolve before trial, often through mediation. This course is designed to teach future litigators an essential skill set: preparing for and advocating on behalf of a client in a mediation setting. Unlike a trial or arbitration where the people listening to an attorney's case are judges and jurors who are the decision-makers, in mediation the parties are the decision-makers. And while the mediator is a "neutral" participant facilitating the resolution, the attorney is not. The parties may be angry, have other strong emotions and may behave in a hostile manner towards you or each other. Students will learn the practice of client representation and advocacy in a mediation context: including counseling a client about dispute resolution alternatives, selecting the right mediator, writing mediation briefs, preparing for and attending the mediation session and understanding the advantage of creative resolutions to meet client interests and needs. Through simulated exercises, reflective discussions, and guest speaker presentations, students will develop confidence as client representatives and a proficiency in mediation advocacy.