480.01 Mediation Advocacy

With mediation now a required step in a litigated case in most state and federal courts, and a preferred approach to conflict resolution in many parts of the world, it is a process that every litigator will no doubt use in practice.  In this advanced experiential seminar, we will explore the fundamentals of mediation theory and practice from the perspective of the mediator, the attorney, and the client.  The majority of class sessions will be dedicated to group exercises and simulated mediations in which we build upon the techniques learned in Negotiation to equip you with skills that will be invaluable whether you want to mediate, represent clients effectively in mediation, or simply be a better negotiator.  You will also have the opportunity to practice persuasive writing as you draft pre-mediation statements, and will learn the essential elements of drafting agreements memorializing your settlements.  By engaging in all phases of the mediation process, you will not only improve your social and emotional competence, you will develop skills that will be useful in client interviewing and counseling, fact development and legal analysis, and a variety of other contexts beyond mediation.

Spring 2021

Course Number Course Credits Evaluation Method Instructor
Course Credits
Simulated Writing, Transactional
Simulated Writing, Litigation
Reflective Writing
Practical exercises
Class participation
Casandra L. Thomson
Sakai site: https://sakai.duke.edu/portal/site/LAW.480.01.Sp21
Email list: LAW.480.01.Sp21@sakai.duke.edu
Degree Requirements
Course Requirements - JD
Course Requirements - LLM
Course Areas of Practice
Course Areas of Practice