244.8 sec. 001 - Mediation (Fall 2022)
Instructor: Darshan Brach (view instructor's teaching evaluations - degree students only)
View all teaching evaluations for this course - degree students only
Units: 3
Grading Designation: Graded
Mode of Instruction: In-Person
Meeting:
W 10:00 AM - 12:40 PM
Location: 🔒 Log-in to view location
From August 24, 2022
To November 30, 2022
Course End: November 30, 2022
Class Number: 31952
Enrollment info:
Enrolled: 20
Waitlisted: 0
Enroll Limit: 20
As of: 02/17 06:39 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. For students interested in continuing their training as mediators after taking this course, the Mediation Practicum (generally offered in the Spring Semester) offers hands-on experience mediating real life conflicts.
All students with an interest in the subject matter, with or without prior mediation or negotiation experience, are encouraged to enroll.
Due to the experiential nature of this class, real-time attendance is required 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, the Environmental Protection Agency, and the Army Corps of Engineers. Professor Brach is a panelist for the U.S. District Court for the Northern District of California, and most recently has mediated discrimination cases for the California Department of Fair Employment and Housing. Professor Brach is also a trained psychotherapist.
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.
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Course Category: Simulation Courses
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