This clinic is designed to give students the opportunity to develop their problem-solving and conflict-resolution skills; to examine the circumstances in which mediation is an appropriate form of dispute resolution; and to explore the role of the lawyer in mediation, either as mediator or as counsel to a client considering or participating in mediation. Students will mediate cases throughout the semester. Settings are likely to include Victim Services, Manhattan and the Bronx Civil Court, Harlem Small Claims Court and the Equal Employment Opportunity Commission.
In preparation for their work as mediators, students participate in an extensive program of simulations designed to build their skills as mediators and their capacity to critique and learn from their own work. Students receive individual feedback on both actual and simulated mediations.
Through readings and simulation exercises, students will also address policy and ethical issues raised by mediation (e.g., the role of law in mediation, the appropriate degree of confidentiality for matters raised in mediation, the mediator's responsibility for the fairness of the mediated agreement, the desirability of mandatory mediation).
The Seminar in Native Peacemaking will give students a unique opportunity to study this indigenous form of conflict resolution as well as to engage in meaningful peacemaking-related project work with Native American tribes. The seminar will be open to six students by permission of the professor. Students will participate in the Mediation Clinic training in January, as well as formal peacemaking training from Native American judges, and may be required to keep their spring break free for project-related travel. Students will meet in seminar for two hours per week. No prerequisites are required.
Students will be registered for a total of four academic points: two points for the seminar and two points for project work.
The Negotiation Workshop will provide students with an experiential, simulation-based introduction to the theory and practice of negotiation. The course will consider such topics as the nature of conflict; integrative and distributive bargaining; barriers to agreement and ways to overcome them; client relationships; such negotiation skills as listening, communication and persuasion; negotiation power; the role of culture, gender and race in negotiation; and using third-party neutrals.
The course will be taught in sections of no more than 20 students. Students will be expected to take part in role playing, keep a journal, in which they analyze their negotiation experiences, and either write a research paper or participate in a final project.