UB Law Mediation Clinic’s 8 Hour Mediation: From Anger to Agreement

Professor Sugarman signed us off the Zoom session and all of us spontaneously cheered! What the eight of us in the Mediation Clinic had done over the last eight hours was one of the best experiences I had in law school. During this intensive session, our team of eight students, alongside Professor Sugarman, co-mediated an employment whistleblower case referred to us by OSHA. Throughout the semester, the clinic has offered diverse opportunities for growth, from practicing mediation in role-plays to observing pre-trial settlement conferences and mediations to actually mediating small claims cases. This case represented the culmination of all we have learned, offering invaluable practical experience, and deepening our understanding of mediation and negotiation.

This whistleblower case began with a settlement demand in the millions for an insurance company employee who uncovered alleged fraud and was allegedly subsequently denied multiple promotions and ultimately fired just two days before the mediation was scheduled to take place. At the outset, tensions were high.

An initial demand from the employee  in the millions, coupled with the recent termination just two days prior, made settlement appear impossible at times. Additionally, the challenge of reaching agreement was compounded by the nearly ten individuals (attorneys for each side and company personnel) present in the virtual mediation room. However, the parties and their attorneys, along with the mediators, in both joint and caucus mediation sessions put the work in to make settlement possible so both sides could move on from this conflict.

In the end, it was a challenging process involving reframing, reality testing, and assessing BATNAs (Best Alternative to a Negotiated Agreement) that resulted in reaching an agreement. The students, taking turns co-mediating with Professor Sugarman, played a key role in crafting an agreement that accurately reflected the parties' desires. We carefully considered timeframes, potential challenges, and other factors to develop precise contract language that met everyone's needs.

The mediation concluded late on a Friday evening, marking a defining moment in our legal education as students. This complex case provided us with invaluable skills and inspiration to confidently navigate the challenges and rewards of the legal profession ahead.