MEDIATION SKILLS - Hamline Law

This course is designed to: 1) increase your understanding of mediation theory and practice; 2)
improve your skills in listening, questioning, problem-solving, persuasion, and professional
judgment that are necessary for effective participation mediation; and 3) encourage active
reflection on your work in dispute resolution (as a representative of parties in conflict, or as a
neutral intervener).
My Biases
I want to reiterate up front my personal biases so you can understand the filter through which I
deliver information in class: I believe that mediation (in its many varied forms) is valuable and
vital. The potential for fundamental and positive transformation of conflict management is very
real (and not just for the "docket management" reasons that so appeal to judges and court
administrators). That said, I remain troubled and challenged philosophically by the "left"
critique that mediation is but another attack on the activist state and progressive courts -- another
form of potentially dangerous deregulation -- one that “permits private actors with powerful
economic interests to pursue self-interest free of community norms.” 1 I also am deeply
suspicious of the notion that “self-determination” alone is a sufficient “prime directive” for an
entire movement. How can "self-determination" be a guiding principle for justice in a society
plagued with all sorts of inequalities? Finally, in my work representing clients in mediation, I
have noticed a significant gap between theory and practice. Regardless of what neutrals say they
do, I have often felt that mediation is a forum ripe with manipulation and deception conducted by
the mediators themselves (often unintended, but sometimes overtly intentional and defended
simply because the conduct facilitates settlement).
Notwithstanding my proclaimed biases, I encourage (and expect) a vigorous debate. Your
willingness to engage in public discourse on these subjects is critical in making this course a
success.
Course Requirements
Preparation, attendance, and participation are central to learning in any context, especially in
courses like this one designed around in-class exercises, simulation, and discussion.
Class Participation
For your contributions to class discussion, I will be favorably looking to comments that
offer unique but relevant perspectives that move the discussion and analysis forward.
Effective comments avoid the “I feel” syndrome, and demonstrate recognition of key
concepts, with concrete links where possible to assigned reading.
1 McThenia & Shaffer, For Reconciliation, 94 Yale L.J. 1660, 1665 n. 33 (1985).
2