Association of American Law Schools
2003 Annual Meeting
Washington, D.C.
Thursday, January 2 - Sunday, January 5, 2003


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Friday
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Friday, January 3, 2003
8:45 a.m.-5:30 p.m.
Annual Meeting Workshop on Dispute Resolution:
Raising the Bar and Enlarging the Canon


Concurrent Session: Mediation Advocacy

Teaching Mediation Advocacy:
Mediation Process and Advocacy Workshop Overview


Lynn P. Cohn
Northwestern University

 

  1. Transition from Negotiation to Mediation
    1. All students have taken Negotiations

  2. Mediation Process
    1. Live Demonstration
    2. Intensive Skills Training involving classroom and simulations with coaching/evaluation
    3. Focus on Facilitative Model
    4. Opportunity for students who are certified by local mediation services provider to do pro bono cases

  3. Evaluative/Transformative Mediation (and spectrum beyond labels)

  4. Choosing a Mediator

  5. Mediation Policy Issues
    1. Public Encouragement of Mediation
    2. Quality Control (Mediator Qualifications/Accountability)
    3. Confidentially
    4. Ethical Issues

  6. Transition from Trial Advocacy to Mediation Advocacy (Similarities/Differences)

  7. Representing a Client Role Play

  8. Representing a Client Role Play/Pre-mediation Submission

  9. Representing a Client in Mediation Role Play/Real Client/Professional Mediators/Advocacy Coaches
 

Texts: Goldberg, Sanders & Rogers, Dispute Resolution; Cooley, Mediation Advocacy
Exam: Definitions/Analysis and Judgment in Scenarios
Class: 30 students
   

Bringing the Real World to the Class Room
and the Class Room to the Real World

  1. Role Play
    1. Real Clients
    2. Professional Mediators
    3. Practicing Attorneys Serve as Advocacy Coaches

  2. Feedback to Students on:
    1. Tone
    2. Use of Mediator
    3. Prep of Client
    4. Proposals

  3. Group Debrief
    1. Feedback from Students/Mediators/Advocates
    2. Students Learn
    3. Students Teach
    4. Mediator/Advocacy Candor

  4. Challenges
    1. Obtaining Volunteers (payback is hell)
    2. Changing Schedules
    3. Managing Expectations

  5. Benefits
    1. Information
    2. Collaboration
    3. Connections Between Groups
    4. Addressing what Plays in the Real World vs Class Room
    5. Modeling

 


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