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


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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

Mediation Representation as Part
of an ADR Survey Course


Dwight Golann
Suffolk University

 

  1. How to allocate time in a large ADR survey course?
    1. Must teach negotiation and mediation as a foundation, and also cover other ADR
    2. In classes of 50+ students, roleplaying is still feasible, especially with a TA. Individual critiques of performances, however, are impossible. I rely instead on reports of outcomes and short strategy and reflective papers.
    3. My time allocation: 5 weeks negotiation, 4 weeks mediation, 1 week arbitration, 1 week hybrids and system design, 2 weeks (Negotiating Through a Mediator)
    4. I don't call it "advocacy," since mediation is almost entirely assisted negotiation
    5. Question: Should this topic receive more attention?

  2. What overall themes?
    1. Reject the (potted plant( and (all-powerful surgeon( images of a mediator.
    2. Mediators have power over the process and do influence the outcome. They add cost and complication to bargaining, but also value -- if properly used.
    3. Mediators can be your helper, but are not usually your (ally.( You are often in a three-sided negotiation: with the other side(s) and with the mediator.
    4. Your task: To harness the mediator(s power to advance your objectives.
    5. You should be appropriately cooperative, but it(s an attitude, not the only goal.
    6. Key questions:
      1. What can the mediator do to assist my bargaining strategy in this case?
      2. How can I most effectively enlist the neutral=s aid?

  3. Which teaching techniques?
    1. Give students a theoretical structure (lecture assisted by slides) 2.
    2. Show them (best practices( (videos of experienced lawyers in mediation) 3.
    3. Make them think about choices (ask for strategy and reflective memos)
    4. Have them practice and debrief the experience (roleplay)

  4. What resources?
    1. Existing videos almost all focus on mediator skills, not representation
    2. Roleplays tend to focus on relationship repair, not money claims.
    3. One option: (Representing Clients in Mediation.( (get the (Teacher(s Cut( version, which omits my mini-lectures), with transcript, outlines, roleplay. Call 800-285-2221 or go to www.abanet.cor/cle. Ask for (VOORCME(
    4. Realistic mediator-focused videos: (Mediators at Work: Breach of Warranty?( and (A Case of Discrimination?( from the Harvard Program on Negotiation.

 


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