The Role of the Lawyer in Mediation

Covers the role of the lawyer in mediation. Designed to provide students with skills necessary to effectively represent their client in the mediation process. Will explore differences between interest-based and positional negotiation. Stages of the mediation process and the role of the mediator will be reviewed. Additional areas that will be addressed include the attorney's ethical obligation to inform clients about dispute resolution options, factors that should be considered in assessing whether a case is appropriate for mediation, preparing for mediation, collaborative problem-solving, and effective strategies in representing clients in the mediation process. Students will engage in a series of mock mediations to develop their advocacy skills and will be introduced to various applications of mediation by the courts, state agencies and private entities.