509 Mediation Advocacy (Kobewka & Hilborn)

LAW509

Mediation Advocacy

(Kobewka & Hilborn)

Prerequisite courses:

Prerequisite for:

Instructor(s): Sid Kobewka and Rick Hilborn

Course credit: 3

Method of presentation: Seminar

METHOD OF EVALUATION

10% Class Participation

25% Reflective Journal

65% Mock Mediation and Associated Assignments

COURSE DESCRIPTION

Mediation is a problem solving process that requires a lawyer to adopt a different approach than might be used in the traditional litigation process. This course teaches the mediation process from the advocate’s perspective and provides an opportunity for the student lawyer to practice those skills necessary to become an effective advocate at mediation. Along with lectures, classroom discussion and demonstrations, students will:

1.  Use realistic fact situation to learn how to prepare themselves, their clients and their case  for mediation;

2. Discuss what to consider in the selection of a mediator;

3. Examine which terms should be included in a mediation agreement;

4. Learn what should (and should not) go into a mediation plan, and mediation brief;

5. Practice advocacy skills in a number of mock mediations and skill development exercises; and

6. Discuss what to do after the mediation process has concluded.

SPECIAL COMMENTS

Description updated 2021-22. Please contact the instructor for any specific questions you may have related to this particular course section.

REQUIRED TEXTS (IF ANY)

Marth E. Simmons. Mediation: A comprehensive Guide to Effective Client Advocacy (Toronto: Emond Montgomery Publications, 2016)

Roger Fisher & William Ury. Getting to Yes: Negotiating Agreement Without Giving In, 2nd ed. (New York: Penguin Books, 1991)