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244.45 sec. 1 - Mediation for Litigators (Spring 2014)
"Representing Clients In Mediation"

Instructor: Michelle Leetham  (view instructor's profile)
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Units: 3
Meeting Time: Tu 6:25-9:05
Meeting Location: 136

Course Start: January 07, 2014
Class Number (formerly Course Control Number) (Non-1Ls): 49667

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 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; participating 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, business/commercial matters, family law, 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.

The instructor, Michelle Leetham, has been a lawyer for more than 25 years practicing in many diverse fields, including labor & employment, construction, consumer products, 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.

Serving as Assistant Lecturers and mediators for in-class role plays are two senior associate lawyers, Alka Ramchandani and Sarah Nichols, both of whom have extensive mediation experience and have participated in jury trials. Ms. Ramchandani works at Epstein Becker Green, PC in San Francisco, where she has a broad employment practice that includes OSHA and immigration compliance, in addition to more traditional employment practice areas. Ms. Nichols hails from Australia where she attended law school, and now works at Ogletree Deakins, PC in San Francisco. She represents clients in all aspects of employment law, including compliance with international law. Students will benefit from their extensive experience, as well as their insights on how to navigate law firm life as an associate.

If you have questions, contact Michelle Leetham at

This course satisfies the Experiential Requirement.

Exam Notes: T
Course Category: Simulation Courses
This course is cross-listed in the following categories:
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,
    Edition: 2nd
    Publisher: Aspen Publishers
    ISBN: 9780735599680
    Copyright Date: To Be Determined
    Price: $99.00
    Price Source: user provided
  • Getting To Yes
    William Ury Roger Fisher,
    Edition: 2011
    Publisher: Random House Business Books
    ISBN: 9780143118756
    Copyright Date: To Be Determined
    Price: 16.00
    Price Source: user provided
  • The Corporate Counsel's Guide to Mediation
    Gary P. Poon,
    Edition: 2011
    Publisher: ABA
    ISBN: 9781604426465
    Copyright Date: To Be Determined
    Price: 79.95
    Price Source: user provided

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