Mediation: Theory & Practice (LAW-807-001)
Hernando Otero
Meets: 09:00 AM - 12:00 PM ( TuWThF)
Enrolled: 5 / Limit: 22
Notices
This course (the only mediation course offered at WCL) will be taught online. Each session will have a synchronous section of about 2 hours and an asynchronous portion of more or less 60 minutes that must be completed in advance. Daily synchronous sections require participants to be online with the instructors at specific times, while asynchronous portions can be completed at the participants’ own time but within a time window. PLEASE NOTE THAT TE FIRST CLASS WILL START JUNE 1 AT 10:00 AM TO AVID OVERLAPS WITH LAW-789-001, INTRO TO THE PRACTICE OF INT. COMMERCIAL ARBITRATION.
Description
This one-credit course will cover the fundamentals of amicably settling disputes (including by mediation) in domestic and international commercial fora. It will specifically explain the process followed by a neutral (e.g., mediator). Active student participation is expected. The course is divided into four daily sessions that will encompass theory and practice and be predicated on student mastery of preparatory materials that include movie clips, podcasts, and written materials provided by the course. Each class is intended to be an interactive discussion between participants that is engaging and allow everyone to quickly move past theory into reflection and practice. Each session will have a synchronous section of about 2 hours and an asynchronous portion of more or less 60 minutes that must be completed in advance. Daily synchronous sections require participants to be online with the instructors at specific times, while asynchronous portions can be completed at the participants’ own time but within a time window. Synchronous lectures will be an opportunity for lively discussion between instructors and participants that will help determine the content and pace of instruction based on student experiences and interest. At least three out of the four session will include exercises or simulations that will maximize experiential learning by having participants role play either as advocates or neutrals. In line with the course methodology of learning through movie clips, the exam will consist of watching a 10 minute commercially released short film and debriefing lessons learned either in writing or in a 15 minute Zoom call with the instructor. As a result, preparing for the exam will not entail conducting further research or memorizing information. Rather it will be an opportunity for students to apply what they have learned in class to analyze a scenario.
Textbooks and Other Materials
The textbook information on this page was provided by the instructor. Students should use this information when considering purchases from the AU Campus Store or other vendors. Students may check to determine if books are currently available for purchase online.
This class will take place in Canvas. The readings will be available May 20, 2021. MyWCL will only be used for the class evaluation and the exam. To access Canvas please go to canvas.american.edu If you have any questions please send an email toscastiglione@wcl.american.edu PLEASE NOTE THAT TE FIRST CLASS WILL START JUNE 1 AT 10:00 AM
First Class Readings
- Fisher, R., Ury, W.L. and Patton, B., 2011. Getting to yes: Negotiating agreement without giving in. Chapters 1,3,6. -Kahneman, Daniel, and Patrick Egan. Thinking, fast and slow. Chapters 1 and 3. -Lewis, Michael. Baby Judge School. Podcast.
Syllabus
Use your MyAU username and password to access the syllabus in the following format(s):
Microsoft Word 2007 (DOCX)