Mediation Clinic
Past Mediation Clinic Students Left to Right: Victoria Heist '24; Ciara Donohue '24; Christian Soto '24
The increasingly vital craft of mediation and interest-based negotiation is the focus of the School of Law’s Mediation Clinic; working on cases referred by local courts or other mediation agencies, students help resolve disputes in family law, small claims and the community.
Mediation is becoming an extensively utilized dispute resolution tool as Federal and State Courts establish mediation referral programs and as clients are increasingly hiring private sector mediators to avoid costly court battles and to maximize results. The best way to understand mediation is to actually be in the mediator’s chair with real parties. It is vital that new lawyers are cognizant of what mediation is all about, whether they want to possibly make mediation part of their future law practices, or simply know enough to effectively advise and assist their clients at mediation sessions.
In order to be accepted in the Mediation Clinic, you must have completed one (1) the following courses:
- LAW690 - Alternative Dispute Resolution
- LAW722 - Mediation Theory & Practice
Exceptions may be made if you have taken the LAW 866TUT - Advocacy in Mediation or if you have outside mediation training .
Steve Sugarman
Director of Mediation Clinic
Clinical Legal Education
Mediation is a process where parties to a legal dispute, led by a trained, neutral mediator (or mediators) talk through the issues of the situation and attain an agreement and result that everyone can live with. Mediation is a less expensive (or free), less time-consuming alternative to court. In mediation the disputing parties have the chance to settle their differences in a safe, confidential and efficient manner, which protects a party's statements from being used against them should the mediation not result in a settlement and the matter goes to court. Mediation can also provide certainty of result with a resolution rather than having to be exposed to the risks in front of a judge or jury.
Mediation often improves communication, saves people time and money, and leads to longer-lasting agreements. Mediation can be especially effective in family, neighbor, and business conflicts or where the individuals involved want to preserve their relationship. Mediation may not be appropriate or safe in cases involving a history or fear of domestic violence.
Mediation can help people get what they need, whether it’s peace, family unity, a financial settlement, or even a chance to be heard. Our law student mediators are trained and committed to promoting peace in our communities.
Student Engagement
The Mediation Clinic is an experiential course that allows students to hone their mediation skills to an advanced level by mediating disputes with actual parties in disputes.
Students observe and conduct mediations in several areas, including: family law, small claims, community and/or other disputes referred by local courts and/or other community mediation resources. Students are supervised and, periodically, videotaped to maximize their skill development and understanding of the process.
In this clinic, students are also involved in observations of various alternative dispute resolution processes both in and out of court, centering primarily on mediation.
This course meets weekly, during which students will conduct mediation role-plays, work on skill building, mediate real cases at Small Claims Court and/or share experiences and discuss the issues arising in their mediations and other course experiences.
See also:
2023 Mediation Competition