645 - Mediation (3 hours)*
Law schools classically prepare attorneys to represent clients by teaching the law, theory, procedures, and, skills necessary to prepare for and try cases in court. This approach is based upon the underlying assumption that our legal system works best when disputes are determined by an impartial judge or jury after a zealous presentation of the facts and law by the attorneys for all parties. Instead, this mediation practice class is based upon the assumptions that: 1) most parties know what is in their own best interest; 2) if given the opportunity and tools, most litigants are able to solve their own problems and 3) litigants are generally more satisfied when they are involved in determining the outcome of their cases instead of the results being dictated to them by a judge or jury. The course will focus on mediation as a method of dispute resolution from the perspective of attorneys representing clients at mediation as well as from the perspective of mediators facilitating mediated settlement conferences. Students will participate in simulated mediation sessions. This course is 50% lecture and 50% practical skills. Local attorneys assist me by observing students in simulations, guiding and advising students' in-class work and adding to students' practical knowledge from their own legal careers. This course follows the required curriculum of the 40-Hour training that NC attorneys receive in partial satisfaction of the requirements to become North Carolina Dispute Resolution Commission (NCDRC) Certified Mediators. The NCDRC has approved this course as commensurate to that which practicing attorneys receive. Passing students receive a certificate of completion which they may present to the NCDRC in their fifth year of law practice in satisfaction of Rule 8A of the Revised Rules for Superior Court Civil actions. Students who have taken Dispute Resolution in the past or who are enrolled in or who plan to take the Dispute Resolution course may not register for Mediation.
* This course may be offered for 2 hours during some years.