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Mediation Advocacy (2 hours) Course Description: This course will examine and develop the unique skill set necessary to operate as an effective advocate for parties in non-adversarial dispute resolution processes, particularly mediation. The course is taught using interactive role-plays and simulation exercises. Topics addressed will include selecting a mediator, preparing the case and the client for the process, developing problem-solving approaches, preparing mediation presentations, effective negotiation strategies and tactics, and drafting workable resolutions. The course will also prepare students to participate in the ABA Representation in Mediation Competition that takes place each spring semester. Course Description: “A skills dilemma is where the mediator is unsure of how to effectuate the course of action she wants to pursue, and an ethical dilemma is where the mediator knows how to effectuate the course of action but is unsure of whether it is proper to do so at all.” Robert A. Baruch Bush, The Dilemmas of Mediation Practice. The purpose of this course is to provide law students, lawyers, and professional neutrals with an in-depth examination of the rules guiding our behavior in various dispute resolution processes. The instruction will begin with what the various rules, codes and guidelines say, but will quickly move into an analysis of why the rules say what they say. Once the standards are firmly in mind, the class will examine the areas of conflict or tension within and between the various codes. The course will employ lecture and discussion of the rules and standards, case law analysis, and student preparation of hypothetical problems. Decision Tree Analysis for Lawyers and Mediators (1 hour) Course Description: This course introduces fundamental concepts and techniques for analyzing risk and formulating sound decisions in the face of uncertainty and applies that learning to the work of lawyers and mediators. Decision Tree Analysis or Risk Analysis is used to build a visual map of the possible twists, turns, and outcomes in a case, and to factor lawyers' assessments of probabilities for more robust case evaluation and decision-making. It can be an extremely useful for an attorney planning litigation strategy, preparing for settlement negotiations, or communicating with clients or with counsel on the other side about risks and expected value. It can also be an effective tool for mediators facilitating discussion with parties and their counsel about the reality of the choices they face. The method can also be used to map strategy in regulator or transactional contexts. The class will master the "nuts and bolts" of constructing decision trees and calculating discounted values in simple cases, as well as applications in more complex scenarios. Perhaps most important, participants will learn and practice a decision-analysis approach to thinking about risk, fairness, and decision-making in client counseling, negotiation, and mediation. Theories of Conflict (2 hours) Course Description:: The role of the lawyer is increasingly understood to require the core competencies of problem solving and managing conflict. Therefore, effective representation is enhanced by a deeper understanding of the sources and nature of conflict. This course will examine conflict from a variety of theoretical perspectives including biological, psychodynamic, communication, social systems, and management. Implications for conflict escalation, de-escalation, and conflict transformation will be addressed. Upon completion of this course students will be able to:
ADR - Processes and Practice (2 hours) Course Description:: This course surveys the most common types of alternative dispute resolution processes: negotiation, mediation, arbitration, and court-annexed and governmental-agency ADR — all of which have gained widespread use as alternatives to traditional litigation. The survey encompasses three perspectives: the advocate’s perspective in choosing the most appropriate ADR process in light of the different advantages and disadvantages of the various processes; the third-party neutral’s perspective in facilitating or fashioning a just resolution of the parties’ dispute; and the policy maker’s perspective in utilizing ADR as a more efficient and cost effective substitute for traditional adjudication. The course is taught through readings, active class discussion, and exercises and simulations in various ADR processes. ADR - Clinic (3 hours) Course Description: Students should go to the Dispute Resolution Institute TWEN page and read “What Students Need to Know about the ADR Clinic – Summer 2008” before enrolling in the course. NB: because of substantially similar content, students may take only one of the following courses for academic credit: ADR Clinic (9504), Superior Court Mediation (8605) or Mediation (8600).Superior Court Mediation (2 hours) (Evening Program) Course Description: This course offers the same 40-hour DRC-approved training by Carolina Dispute Settlement Services as taught in the intensive one-week session of the ADR Clinic, but in the format of 3 evenings per week. Class will not meet the evening of July 3. There is no clinical component for this course, so students will not participate in clinical placements in court. Those interested in the evening version should contact Assistant Dean for the Evening Program, Adrienne Meddock, with questions at ameddock@nccu.edu. NB: because of substantially similar content, students may take only one of the following courses for academic credit: ADR Clinic (9504), Superior Court Mediation (8605) or Mediation (8600). Visiting students taking courses for acedemic credit download registration form here. Attorneys, Professionals and Non-Degree Seeking Students download application here.
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