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Mediation as a Conflict Resolution Process - LAW673

2 Credits

Mediation is an increasingly important process that affects the entire range of law practice areas, from litigation to transactional lawyering. The primary emphasis of this seminar will be on the role and skills of the mediator and the mediation advocate in resolving legal disputes. The seminar will consider the theoretical foundations and practical applications of positional and problem-solving approaches to negotiation, as well as effective advocacy for clients. Particular attention will be paid to techniques for identifying and advocating clients' interests, effective modes of communication and persuasion, ways to classify and overcome impediments to settlement, and methods for preparation and engagement in problem-solving to achieve satisfying resolutions to disputes. Ethical issues encountered by mediators and advocates will also be examined. (No prerequisite.)