Professor Sarah E. Burns
Professor Ray Kramer
Open to 3L and 2L students
Maximum of 16 students
Pre- or Co-requisite: Some facilitative mediation experience is preferred.
The Purpose of the Mediation Clinic
The Mediation Clinic is designed to foster mediation skills while orienting students to major issues in the intersection between law and informal dispute resolution and delivery and regulation of dispute resolution services.
This course is designed to teach mediation skills to be exercised as part of problem solving in legal institutions. Because the course is based upon an experiential learning model, attendance and participation are essential. Initial training takes place in a four full days training held early in the fall semester. Students will be expected to attend each full day of training which will be scheduled on Fridays at the beginning of the semester.
The Fall course is focused upon training students mediation skills, which will be applied in the context of mediating residence hall disputes among NYU students under the NYU Residential Education Conflict Management Program (the CMP) and employment disputes at the NYC Office of Administrative Trials and Hearings Mediation Center (the Center).
A spring advanced course will also be offered but it will only be open to students who have taken the fall course in 2008 or 2009. The advanced course is designed primarily to teach dispute system design, while students continue to mediate at the Center, the CMP and, in the case of students who undertake specialized mediation training, other possible venues. Students interested in advanced mediation should refer to the description for Mediation Clinic - Advanced.
The Fall seminar meets once a week for two hours; the training accounts for the remaining seminar time. The initial intensive training is reinforced with classroom simulations and mediation articles and texts. Students also read articles on key mediation issues. Students are required to mediate and critique their own videotaped mediation and to observe and critique mediations by others in the class. Students also participate in review of other in-class simulations.
In final satisfaction of the Fall '09 seminar requirements, students complete two short (5-10 pages) or one long (10-20 pages) individual research paper(s) on an issue in mediation or a detailed analysis of one or more mediation session(s). Students may propose paper topics to satisfy the substantial writing credit, which work may be completed with faculty approval as additional Directed Research.
As part of the guided learning, students will be required to submit biweekly journal entries reflecting upon their observations and experiences in mediation and training.
Fall fieldwork mediation study will take place primarily on the NYU Campus mediating residence hall disputes as part of the NYU Residential Education Conflict Management Program and at the Center for Mediation Services, a subunit of the New York City Office of Administrative Trials and Hearings ("OATH") located at 40 Rector Street in lower Manhattan. The CMP practice involves working to foster conflict resolution learning as part of residential life and mediating with NYU dorm residents. The Center’s practice involves facilitative mediation of employment disputes arising at New York City agencies. After students participate in the initial intensive meditation training, they team with Administrative Law Judges and other Center mediators first to observe mediations and then to co-mediate. Students will contrast facilitative mediation with evaluative court-imposed settlement process. Students may also have an opportunity to observe mediation in other contexts, such as family and housing court, in the City.
Students who wish to apply to the Mediation Clinic should submit via CAMS the standard application, résumé and unofficial transcript. Applicants will be contacted by Ray Ivey for an interview with Professor Burns. These interviews will be held throughout the clinic application period and are a prerequisite to admission to the clinic. Please contact Mr. Ivey by email, or at 212-998-6474 or if you have any questions.
Interested students might wish to contact current or former Clinic students, including:
|Mediation - Fall 2008||Mediation - Fall 2007|
Stephen Dana Argeris
Sarah Catherine Harris
Michael Joseph. S. Moran
* 5 credits includes 2 clinical (fieldwork) credit and 3 academic seminar credits in Fall 2009. This is a change undertaken in ‘09 to reflect the classroom time required for training. Note that all students are expected to participate in 27 hours of training at the beginning of the semester. The dates and times for the intensive training will be 9 a.m. to 5 p.m. on Monday, August 24; Tuesday, August 25; Thursday, September 10; and Friday, September 11. This training is a necessary qualification to mediate with real parties and ultimately to receive credit for the course.