244.8 sec. 001 - Mediation (Fall 2023)
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: In-Person
M 10:00 AM - 12:40 PM
Location: Law 107
From September 11, 2023
To December 04, 2023
Course End: December 04, 2023
Class Number: 32025
Enroll Limit: 20
As of: 12/01 05:03 AM
Mediation is a non-binding conflict resolution process in which a third party neutral assists disputing parties in finding solutions to their mutual concerns. As litigation and court processes have become increasingly time consuming, expensive, inaccessible and unproductive in resolving disputes, mediation and other forms of alternative dispute resolution have evolved to play a critical and inescapable role in the practice of law. This simulation-based course will offer students the knowledge and skills necessary to effectively participate in mediation processes, both as a neutral and as a legal advocate.
Students will practice communication and problem-solving techniques to help parties and clients find creative solutions that meet their unique needs and circumstances. The skills taught in this course are fundamental to effective lawyering and advocacy, as well as applicable to a large variety of professional and personal situations. Course topics will include: mediation theory and practice, ethics, advocacy in mediation, dealing with bias and power differentials, breaking impasse and group facilitation. Final projects will allow for exploration of mediation-related topics of interest to individual students.
Due to the experiential nature of this class, real-time attendance is required except in cases of illness or emergency. All students with an interest in the subject matter, with or without prior mediation or negotiation experience, are encouraged to enroll.
Please note this class has a mandatory class meeting on Saturday, September 23, in Law 107 from 9:30 AM - 3:50 PM (with a break from noon - 1:00pm).
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.
Submit teaching evaluations for this course between 04-DEC-23 and 09-DEC-23
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: Unknown
Note: prices are sampled from internet bookstores. Law-school Bookstore prices are unavailable at this time.