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244.8 sec. 1 - Mediation (Spring 2011)
Instructor: Martin Quinn (view instructor's teaching evaluations | profile)
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Meeting Time: Tu 6:25-9:05
Meeting Location: 141
Course Start: January 11, 2011
Course Control Number (Non-1Ls): 49640
By the end of this course, students will possess the basic skills to mediate a dispute effectively and to competently represent clients in mediations. The course is divided approximately in half between mediation and mediation advocacy. The course emphasizes skills exercizes and role playing, but also provides a thorough foundation in mediation law and theory: why it works, and how it works. Although the course focuses on commercial mediation, students will be exposed to different styles of mediation from evaluative to highly facilitative and transformational approaches. We will also discuss public policy issues raised by the increasing use of mediation in civil litigation: potential bias against those with limited language skills, education and financial resources; the disappearing jury trial; the dark side of mediation confidentiality. The first 3-4 classes involve robust reading assignments. Students will be required to write four 3-5 page papers. Videos and guest speakers will liven things up. Each student will attend a real-world mediation from start to finish. WARNING: This course will be fun!
LL.M. students are enthusiastically welcomed in this course. A prior course in negotiation will help, but is not essential. All interested students are encouraged to enroll.
All interested students, whether enrolled or on the wait list, should attend the first session at which time enrollment will be confirmed. If you have questions or concerns, contact Martin Quinn by e mail (firstname.lastname@example.org).
INSTRUCTOR BIOGRAPHY: Martin Quinn is a recovered lawyer, having practiced as a civil trial lawyer for 25 years in San Francisco. For the last 15 years he has been a full-time mediator, arbitrator and special master with JAMS, the world's largest (and best!) provider of mediation services. His mediation practice focuses on business litigation, with an emphasis on healthcare, intellectual property, insurance and environmental cases. But the truth is he will mediate anything that moves. He has taught mediation for 7 years at Hastings College of the Law in San Francisco. He is the Vice President of the Mediation Society of San Francisco. Martin has lived in the same house in San Francisco for 38 years with the same wife of 43 years.
For those who have not taken a negotiation course, read "Getting to Yes" by Fisher & Ury before the first class.
This course satisfies the Skills Requirement.
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Required Books are in blue
- Getting to yes
Roger Fisher and William Ury; with Bruce Patton, editor
Publisher: London : Random House Business Books, 1999.
Copyright Date: To Be Determined
Note: prices are sampled from internet bookstores. Folletts prices are unavailable at this time.
Dwight Golann, Jay Folberg
Publisher: New York : Aspen Publishers, c2006.
Copyright Date: To Be Determined
Note: prices are sampled from internet bookstores. Ned's prices are unavailable at this time.