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 (VS), Manhattan and the Bronx Civil Court, Harlem Small Claims Court and the EEOC.
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).