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244.45 sec. 1 - Mediation for Litigators (Spring 2013)

Instructor: Michelle Leetham  (view instructor's profile)
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Units: 3
Meeting Time: Tu 6:25-9:05
Meeting Location: 132

Course Start: January 08, 2013
Course Control Number (Non-1Ls): 49697

This practice-oriented course will take students step-by-step through the mediation process and is designed to give the practical knowledge needed to work as a lawyer representing clients of all kinds in mediation, both within the United States and internationally. Topics will include: an overview of mediation and how it differs from other forms of dispute resolution; ethical issues for mediators and lawyers; drafting mediation clauses; differing approaches in court-ordered and party-agreed mediation; obtaining the agreement of your client and the opposing party to engage in the process; selecting the "right" mediator; preparing a case for mediation; particupating in the mediation sessions; follow-up actions after the mediation; and cross-cultural issues in mediation.

The course will explore these issues in a wide variety of legal contexts, including disputes regarding employment, family law, business/commercial matters, public policy issues and international matters. Throughout the class we will be considering the values underlying the mediation process and exploring the perspectives of the mediator and the parties to the dispute, as well as the lawyers who represent the parties and appear before the mediator.

There will be a heavy emphasis on hands-on learning, with students participating in several mediation role plays, some of which will be recorded.

The instructor, Michelle Leetham, has been a lawyer for 26 years practicing in many diverse fields, including labor & employment, construction, insurance coverage, intellectual property and international law. She graduated in 1986 from Boalt Hall School of Law and has an undergraduate degree in Rhetoric from U.C. Berkeley. Following a clerkship with the California Supreme Court, she practiced with the firm of Brobeck, Phleger & Harrison before joining Bechtel Corporation where her last role was Vice President, Principal Counsel & Manager of Litigation. Ms. Leetham led the effort to develop Alternative Dispute Resolution (ADR) programs for Bechtel, and she is a regular contributor to bar association and other legal group efforts to promote the use of ADR in both domestic and international venues. She has participated in scores of mediations, both as an outside advocate and as a client representative. She currently is General Counsel of Rodan & Fields, LLC in San Francisco. She is the former President of the Northern California International Arbitration Club and is an Adviser to the ALI Restatement of the Law Third on the U.S. Law of International Commercial Arbitration.

If you have questions, contact Michelle Leetham at

This course satisfies the Skills Requirement.

Exam Notes: T
Course Category: Advocacy Skills Courses
This course is cross-listed in the following categories:
Litigation and Procedure
Negotiation and Dispute Resolution

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Required Books are in blue

  • Mediation: The Roles of Advocate and Neutral, Second Edition
    Dwight Golann, Jay Folberg,
    Publisher: Aspen Publishers
    ISBN: 9780735599680
    Copyright Date: To Be Determined
    Price: $47.84
    Note: prices are sampled from internet bookstores. Folletts prices are unavailable at this time.
  • Getting to Yes
    Roger Fisher, William L. Ury, Bruce Patton,
    Publisher: Penguin (Non-Classics)
    ISBN: 9780143118756
    Copyright Date: To Be Determined
    Price: 5.32
    Note: prices are sampled from internet bookstores. Ned's prices are unavailable at this time.
  • The Corporate Counsel's Guide to Mediation
    Gary P. Poon,
    Publisher: Amer Bar Assn
    ISBN: 9781604426465
    Copyright Date: To Be Determined
    Price: 42.98
    Note: prices are sampled from internet bookstores. Ned's prices are unavailable at this time.

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