Mediation Representation & Ethics (FR 513)


Professor Ellen Waldman and Professor Harold Abramson, Touro Law Center, New York, NY Lawyers are increasingly representing clients in mediation as alternative dispute resolution develops around the globe; yet, advocates as a group remain unsure how to best advance their clients' interests in this less familiar, non-judicial forum. This course examines how lawyers can maximize the opportunities offered by mediation, including those settings where the disputants hail from radically different cultural backgrounds. We will analyze the critical choices facing advocates including: selecting the mediator; crafting pre-mediation submissions; selecting an appropriate negotiation strategy; managing the "negotiator's dilemma"; crafting an opening statement; overcoming impasse; and bringing the dispute to closure. Additionally, this course will parse the ethical boundaries that advocates and neutrals must recognize and the tensions created by competing mandates. The course will give specific attention to mediation practices throughout Europe and Asia. The course is based on the co-teachers books, Abramson, Mediation Representation-Advocating as a Problem-Solver in Any Country or Culture (NITA, 2010) and (Oxford University Press Edition for Outside of North America, 2011) and Waldman, Mediation Ethics -Cases and Commentaries (Jossey-BASS, 2011).


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