Model Mediation Course Syllabus With Teaching Notes

Abstract

This course syllabus grows out of a series of articles developing Real Practice Systems Theory in mediation practice and education. This course would teach students about mediation of legal disputes in the US, including the roles of both mediators and attorneys. There is great value in teaching students about both roles of mediators and attorneys in the same course. Practitioners in both roles share some basic values and principles, and they need to understand each others’ roles and typical techniques in mediation. 

The syllabus discusses the roles of attorneys, mediators, and parties, procedures before and during mediation sessions, and the use of technology in mediation. It suggests single-stage and multi-stages simulations to illustrate the teaching objectives. It includes links to short readings for students available for free on the internet, including some that are highly recommended and can easily be included in any mediation course.

This model syllabus sketches an overall framework that instructors can adapt. Faculty can make adjustments about the topics covered and the amount of time devoted to particular topics. They can continue using syllabi and readings from prior semesters and add specific elements and readings from this model. The syllabus is designed for simulation courses but can be modified for clinical courses.

Keywords: mediation, course, syllabus, pedagogy, neutral, representation, representative, attorney, assignment, simulation, clear language

JEL Classification: K40, K41