For a number of years mediation has been gaining credibility and popularity as a means of resolving civil disputes outside of the formal trial litigation process. A mediator can provide the valuable service of facilitating negotiation between civil litigants to allow them to come to a more amicable resolution that may prevent, or even end, litigation. Mediation also allows for more personalized and tailored resolutions that take into account the specific needs and concerns of the parties involved. In Ontario’s Toronto, Windsor and Ottawa jurisdictions, mediation has been formalized into a Mandatory Mediation Program whereby all civil matters must meet for mediation before proceeding to trial.
The civil justice system is just one forum in which mediation is regularly used as a process to resolve disputes. Mediation has been found to be more cost effective and an efficient way of resolving many different kinds of disputes in various forums.
This course examines the many contexts in which mediation is used to help resolve conflict, including workplace restoration, family, health regulation, landlord tenant, human rights, neighborhood, and community policing, to name a few. Guest speakers who are practicing mediators from a variety of these areas will be invited to classes to speak to students about the unique aspects of mediation in their particular area. Specific role plays will form part of the learning for each segment.
The course will provide students with an opportunity to explore the theory and practice of alternative dispute resolution through mediation. Students will expand their ability to appreciate all sides of a dispute, and learn techniques for conflict de-escalation, consensus building, and resolving conflicts in a creative and efficient manner. Mediation training will also allow students to sharpen their communication and listening skills, essential skills for many kinds of dispute resolution. Through the skills that the course teaches, students will develop a solid understanding of not only the skills required to be an effective mediator, but also the requisite skills required as lawyers serving as mediation advocates to clients in a mediation.
The features of the mediation course will be as follows:
- An introduction to conflict management, negotiation theory, the foundational principles of mediation, and various mediation models and mediator styles.
- Students will gain an understanding of a mediation process in a variety of different contexts, that will be applied throughout the course.
- Students will have an opportunity to learn and practice all the skills a mediator will need through the various stages of a mediation, including: pre-mediation meetings; opening the mediation; setting the ground rules, managing the parties' relationships; actively listening and facilitating communication between the parties; uncovering interests; framing issues; developing options; the appropriate use of caucuses; and bringing closure to a mediation.
- Students will be exposed to the challenges that a mediator may be faced with, including: the receipt of confidential information; dealing with emotional and irrational parties; being aware of and responding to ethical challenges, including parties that lie; and working with unrepresented parties.
- Students will develop mediation advocacy skills and learn the difference between being an advocate at a mediation when compared to other types of adversarial proceedings.
The nature of the course will be a mix between teaching and class discussions of mediation theory and methodology, and the direct application of the skills learned through role plays. Students will have the opportunity to participate in exercises that focus on developing the specific skills a mediator needs. A portion of the course will be devoted to mediation role plays, where the students will have the opportunity to play the roles of mediator and parties, or counsel and client. Students will receive direct feedback on their performance from experienced counsel and mediators from the local community.
