Apart from their assigned mod courses, 1L students may only enroll in courses offered as 1L electives. A complete list of these courses can be found on the 1L Elective Listings page. 1L students must use the 1L class number listed on the course description when enrolling.
244.8 sec. 001 - Mediation (Spring 2021)
Instructor: Norma Darshan Brach (view instructor's teaching evaluations - degree students only)
View all teaching evaluations for this course - degree students only
Grading Designation: Graded
Mode of Instruction: Remote Instruction
Th 10:00 AM - 12:40 PM
From January 21, 2021
To April 30, 2021
Course End: April 30, 2021
Class Number: 31663
Enroll Limit: 18
As of: 05/08 05:45 AM
Mediation is a non-binding conflict resolution process in which disputing parties retain the services of a third party neutral to assist them in their efforts to seek out, develop, evaluate, and voluntarily adopt potential solutions to their mutual problems. The study of mediation in this course focuses on learning to help disputing parties solve their own problems in a way that best meets their individual needs. This approach to helping people resolve disputes is vastly different from that of most law school courses, which focus on lawyers as advisors and zealous client representatives. In this class, students will learn to sit in the unique role of a neutral, and gain a new perspective on lawyering.
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. Students will 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 repertoire, 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, as a neutral and as an advocate. Mediation theory, applicable law, and related ethical considerations and public policy concerns will be among the many subjects covered. Students will have 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.
All students with an interest in the subject matter, with or without prior mediation or negotiation experience, are encouraged to enroll.
I will also be offering a 1 credit practicum in which students who are currently taking this course or have taken this course previously will have the opportunity to remotely mediate one or more commercial lease renegotiation for business owners and landlords impacted by COVID. Please see the description for the Mediation Practicum under Law 244.8B - Sec. 1.
All interested students, whether enrolled or on the wait list, must attend the first session at which time enrollment will be confirmed. If you have questions or concerns, contact Darshan Brach at email@example.com.
Due to the nature of this class, real-time attendance is required (without an alternative way to earn equivalent credit) except in cases of illness or emergency.
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. Between 2008 and 2014, and again in 2019, Professor Brach has primarily taught as part of 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. 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. Most recently, Professor Brach has mediated as a panelist for the United States District Court, California Northern District. Professor Brach also holds a license as a Marriage and Family Therapist.
Real-time attendance at the first class is mandatory for all currently enrolled and waitlisted students; any currently enrolled or waitlisted students who are not present on the first day of class (without prior permission of the instructor) will be dropped. The instructor will continue to take attendance throughout the add/drop period and anyone who moves off the waitlist into the class must continue to attend or have prior permission of the instructor in order not to be dropped.
Exam Notes: (None) Class requires a series of papers, assignments, or presentations throughout the semester
Course Category: Simulation Courses
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Required Books are in blue
- Practice of Mediation: Video-Integrated Text
Edition: 3rd 2018 (2d edition is okay per instructor)
Publisher: Wolters Kluwer
e-Book Available: Yes
e-Book procurement note: eBook ISBN: 9781543801286
Copyright Date: To Be Determined
Price Source: user provided