MEDIATION SKILLS - Hamline Law

perspective, we will explore advocacy skills for each stage of the typical mediation, including
mediator selection, case preparation, client preparation, and advocacy at the mediation session
itself.
Drafting Clauses and ADR Process Choice
How do you advise clients about choice of ADR process? If clients want to be obligated to use
mediation (or other forms of ADR), how do you draft contracts to achieve this objective?
Required Reading
MPPE Chapter 5 (pp. 157-183; 197-214) and Chapter 11
Wednesday, July 23
The Law of Mediation
Review of key legal principles: enforceability of mediated agreements; confidentiality; court
"policing" of mediation participation (attendance; good faith; sanctions), and other issues.
Exploring the "Dark Side"
Mediation is no panacea. We will explore some of the standard critiques of mediation,
including, I hope, some of your own. What are the dangers, disadvantages, and concerns with
actively promoting use of mediation?
Required Reading
MPPE Chapters 7 and 14; review Chapter 8 (confidentiality); skim Appendix A
(Uniform Mediation Act)
Friday, July 25
Closing simulations
Each student will get the opportunity to mediate a case from start to finish. One of your course
writing assignments is to critically reflect on this "capstone" experience.
Future Possibilities and Limitations
What does the future hold? What models of mediation are likely to see sustained growth? How
does mediation work in the international context?
Course Evaluation and Close
Required Reading
MPPE reread pp. 113-134 in Chapter 3 (explicating different models of
mediation); Chapter 10 (pp. 402-415); skim Chapter 13 (international
mediation)
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