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244.8 sec. 1 - Mediation (Fall 2014)

Instructor: Carol Marshall-Price  
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Units: 3
Meeting Time: Tu 3:35-6:15
Meeting Location: 240

Course Start: August 26, 2014
Class Number (formerly Course Control Number) (Non-1Ls): 49646

Mediation is a non-binding conflict resolution process in which disputing parties retain the services of a third party non-stakeholder to assist them in their efforts to seek out, develop, evaluate, and voluntarily adopt potential solutions to their mutual problems. Mediation has become an almost inescapable part of both the practice of law, whatever one's area of specialization may be, and of a large variety of business transactions. For many individuals, mediation often becomes a factor in countless personal situations as well. Conflict is a normal part of life and the widespread popularity of mediation as the go-to process for resolving conflicts cannot be ignored.

This course offers students the opportunity to acquire the knowledge and skills necessary to effectively participate in a mediation process. Mediation theory, applicable law, ethical considerations, and public policy concerns will be among the many topics covered in this course. Students will develop or improve important dispute resolution skills primarily through experiential learning in a safe and supportive setting. This course will benefit students who will represent clients in mediation processes as well as those who hope to pursue careers as mediators in the future. Having practiced for many years as a civil litigator and trial lawyer, both before and after the mediation popularity explosion, and having served as a neutral for nearly as many years in numerous binding arbitration, mediation, and other alternative conflict resolution processes, the instructor will endeavor to help students see and understand this very important process from many different perspectives.

LLM students are very welcome to take this course. Cross-cultural perspectives greatly enhance our learning experience. Moreover, the popularity and inevitability of mediation are expanding across the globe and an international business environment requires that we all understand how the process may affect our clients wherever they may be engaged. 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 prior to the first class meeting, contact Carol Marshall at

INSTRUCTOR BIOGRAPHY: Carol Marshall began her legal career in 1978, practicing first as a civil litigator and trial lawyer handling a variety of business and commercial matters, thereafter serving as statewide head of litigation for a major California company for several years, and then moving into private practice where she continued and expanded her litigation work, handled transactional matters, and advised her corporate and individual clients regarding litigation risk management and dispute resolution options. She also developed several additional substantive areas of expertise including those related to environmental, employment, copyright/trademark, and discrimination issues. She is currently a partner in a San Francisco law firm with a large international clientele. Alternative dispute resolution has been a major focus of her professional life since 1982 and, with the exception of her teaching assignments and the guidance she provides to lawyers in her own firm, she is now a full-time neutral. She has served as an arbitrator or mediator in connection with many hundreds of disputes and has helped to facilitate intra-organizational planning and problem-solving for a number of entities. She has taught Mediation at UC Berkeley Law since 2003 and teaches Mediation, Negotiation, Conflict Theory, and other similar courses at other local law and professional schools and to other members of the bar and client groups.

Requirements Satisfaction:

This course satisfies the Experiential Requirement.

Exam Notes: P+
Course Category: Simulation Courses
This course is cross-listed in the following categories:
Business Law
Litigation and Procedure
Negotiation and Dispute Resolution

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Required Books are in blue

  • Difficult conversations
    Douglas Stone, Bruce Patton, Sheila Heen
    Edition: 2010
    Publisher: PENGUIN
    ISBN: 9780143118442
    Copyright Date: To Be Determined
    Price: $17.00
    Price Source: user provided
  • Getting past no
    William Ury
    Publisher: New York : Bantam Books, 1993.
    ISBN: 9780553371314
    Copyright Date: To Be Determined
    Price: 4.98
    Note: prices are sampled from internet bookstores. Ned's prices are unavailable at this time.
  • Mediation: The Roles of Advocate and Neutral, Second Edition
    Dwight Golann, Jay Folberg,
    Publisher: Aspen Publishers
    ISBN: 9780735599680
    Copyright Date: To Be Determined
    Price: 50.99
    Note: prices are sampled from internet bookstores. Ned's prices are unavailable at this time.

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