Mediation and the Law
CMP 760
3 Units
Tutorial meeting by arrangement.
This course is available for graduate credit through Fresno Pacific University Graduate School. It can also be offered for Attorney MCLE credit.
Syllabus: Mediation and the Law
Duane Ruth-Heffelbower
Course catalog description:
Mediation and the Law (3 units)
- Required text: Grilliot's Introduction to Law and the Legal System edition 7 or 8
- Mediation has been used by people to settle their differences for as long as people have been disputing. The modern legal system affects the practice of mediation in many ways, and is in turn affected by mediation. This course studies these effects and prepares a mediator to function both within and outside the legal system. Statutory and case law will be reviewed.
Mediation is one method of dispute resolution. In mediation the parties come to their own resolution of a conflict with the help of a neutral third party. As a cooperative method, mediation is usually included in the larger category of "Alternative Dispute Resolution," separating it from the adversarial techniques which are commonly considered "mainstream."
Mediation always occurs in the shadow of the law, and an understanding of the nexus between law and cooperative processes is essential to any person who offers themselves as a neutral.
This course will examine the nature and uses of mediation as a conflict resolution method in light of the adversarial legal systems found in North America. How does mediation fit with other dispute resolution methods? How do laws and other governmental regulations affect the practice of mediation? To what extent are particular subject matter areas more or less affected by law?
The course will use the tutorial method to focus on those aspects of the law which are most relevant to individual students. A learning contract will be established with each student which includes at least 1500 pages of reading selected with the instructor for the student's focus, 30 pages of writing, and 6 hours of time with the instructor, either individually or with others taking the class. Field trips and interactive processes will be used as appropriate.
Fresno Pacific University is committed to meeting the special needs of
individuals with disabilities. If you have such needs please refer to the
University Catalog where policies and procedures for arranging services and
accommodations are found.
Center for Peacemaking and Conflict Studies
Fresno Pacific University
1717 S. Chestnut Avenue
Fresno, CA 93702
559-453-3418, fax 559-252-4800
800-909-8677
|
