NOTE: Course offerings change. Classes offered this semester may not be offered in future semesters.

244.8 sec. 1 - Mediation (Fall 2013)

Instructor: Norma Darshan Brach  (view instructor's teaching evaluations)
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Units: 3
Meeting Time: W 10:00-12:40
Meeting Location: 111

Course Start: August 21, 2013
Class Number (formerly Course Control Number) (Non-1Ls): 49565

The study and practice of mediation focuses on empowering people to solve their own problems in a way that best meets their individual needs. This party-directed approach to helping people resolve disputes is vastly different from the orientation of most law school courses, which focus on lawyers as advisors and zealous client representatives, and on law as the determinative basis for advocacy. Students learning about conflict resolution from the perspective of a mediator, a neutral third party, will nonetheless benefit from enhanced problem-solving, communication and interpersonal skills - all key to effective lawyering and advocacy. Most students will find these skills transformative not only in broadening their legal repetoire, but also in a large variety of professional and personal situations.

This course will offer students an opportunity to acquire the knowledge and skills necessary to effectively participate in a mediation process. Mediation theory, applicable law, and related ethical considerations and public policy concerns will be among the many subjects covered. The focus of the course is on offering students the opportunity to develop dispute resolution skills through experiential learning in a safe and supportive setting. This course is for students interested in mediation as a career as well as for the far greater number of students who will provide legal representation for clients involved in mediation processes or who may themselves be parties in mediated conflicts.

LLM students are very welcome to take this course. All students with an interest in the subject matter, with or without prior mediation or negotiation experience or education, 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 Darshan Brach (at

INSTRUCTOR BIOGRAPHY: Darshan Brach began her legal career in 1988 as an environmental attorney in Connecticut and later in Massachusetts. She left the practice of law and, in 1995, initiated her career as a mediator and mediation trainer. She began teaching Negotiation and Mediation at New England School of Law in 1998. Since moving to the Bay Area in 2005, she has taught Negotiation and Mediation at Stanford Law School, Hastings College of the Law, Santa Clara School of Law and Mills College of Business. For the last four years she has taught the Mediation Clinic at Hastings College of the Law, where she has trained and guided law students in hands on, experiential learning through fieldwork in the San Francisco Superior Court Small Claims Department and in several city, county and state agencies. Her dispute resolution career spans over 15 years. In addition to her private mediation practice and teaching work, she has conducted numerous trainings in both the public and private sectors, including trainings for the California Public Utilities Commission, the San Francisco Superior Court, for the Environmental Protection Agency, and the Army Corps of Engineers.

This course satisfies the Experiential Requirement.

Exam Notes: P+
Course Category: Simulation Courses

The following file is available for this course:

First Assignment

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Required Books are in blue

  • The Practice of Mediation
    Douglas N. Frenkel, James H. Stark,
    Publisher: Aspen Publishers
    ISBN: 9781454802198
    Copyright Date: To Be Determined
    Price: $39.00
    Note: prices are sampled from internet bookstores. Folletts prices are unavailable at this time.

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