Courses@Boalt
NOTE: Course offerings change. Classes offered this semester may not be offered in future semesters.244.45 sec. 1 - Mediation for Litigators (Fall 2011)
Instructor: Michelle Leetham (view instructor's profile)
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Units: 3
Meeting Time: W 6:25-9:05
Meeting Location: 111
Course Start: August 24, 2011
Course Control Number (Non-1Ls): 49649
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. Due to the use of simulation exercises throughout the semester and the need to determine members of the class as soon as possible, the usual provisions of the "Drop/Add" do not apply. All interested students, whether enrolled or on the waiting list, should attend the first session at which time enrollment will be confirmed.
The instructor, Michelle Leetham, has been a lawyer for 25 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 practicies law with the San Francisco office of Ogletree, Deakins, Nash, Smoak & Steuart, where she focuses on labor and emplolyment law. She recently completed a two-year term as President of the Northern California International Arbitration Club and is on the advisory board of the International Institute for Conflict Prevention and Resolution.
If you have questions, contact Michelle Leetham at michelle.leetham@ogletreedeakins.com.
Prerequisites:
None
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
If you are the instructor or their FSU, you may edit your files.
Readers:
A reader will be used in this class.
Books:
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: $65.00
Note: prices are sampled from internet bookstores. Folletts prices are unavailable at this time. - Getting to yes
by Roger Fisher and William Ury, with Bruce Patton, editor
Publisher: New York, N.Y. : Penguin Books, 1991.
ISBN: 9780140157352
Copyright Date: To Be Determined
Price: 0.01
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: 50.37
Note: prices are sampled from internet bookstores. Ned's prices are unavailable at this time.
