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Mediation, Principles and Practice - Hofstra University School of Law

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MEDIATION: PRINCIPLES AND PRACTICE<br />

(2 Credits)<br />

Dates: Monday, January 2, 2012 thru Friday, January 6, 2012<br />

Time:<br />

Tuition:<br />

Each day, from 8:30am – 5:30pm (except Friday)<br />

$1,600 X 2 credits = $3,200.00 total<br />

Registration: Begins on Tuesday, October 18, 2011 at 10:30pm<br />

(See Administrative Details section – below)<br />

Tuition Due: Friday, November 11, 2011<br />

ACADEMIC OVERVIEW<br />

The Program<br />

During the January 2012 intersession, <strong>H<strong>of</strong>stra</strong> <strong>Law</strong> <strong>School</strong> will <strong>of</strong>fer an intensive skills<br />

training course in <strong>Mediation</strong> <strong>Principles</strong> <strong>and</strong> <strong>Practice</strong>, administered by Pr<strong>of</strong>essor Baruch<br />

Bush <strong>and</strong> several expert adjunct instructors. The class is limited to 30 partcipants,<br />

primarily <strong>H<strong>of</strong>stra</strong> <strong>Law</strong> <strong>School</strong> students, although a few seats will be open for non-<strong>H<strong>of</strong>stra</strong><br />

partcipants.<br />

The course will be taught in an intensive five-day program including lectures, discussion,<br />

skills exercises <strong>and</strong> coached simulations. The program will run daily from<br />

8:30am – 5:30 pm, except on Friday, when it will begin at 8:00am <strong>and</strong> end at 3:00pm.<br />

Short morning <strong>and</strong> afternoon breaks have been included as well as a lunch break each<br />

day.<br />

Course Description<br />

This skills training course will introduce students to transformative mediation theory,<br />

principles <strong>and</strong> practice skills at a basic, generic level, <strong>and</strong> will also address the specifics<br />

<strong>of</strong> family mediation practice (divorce <strong>and</strong> custody disputes, etc.) (For an introduction to<br />

transformative mediation, if desired, see Bush & Pope, Changing the Quality <strong>of</strong> Conflict<br />

Interaction, 3 PEPPERDINE DISP. RES. L.J. 67 (2002).)<br />

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Topics addressed in the course include (among others):<br />

• The Experience <strong>of</strong> Conflict <strong>and</strong> the Mediator’s Role<br />

• Transformative <strong>Mediation</strong> <strong>Practice</strong>s<br />

• Underlying Premises/Foundations <strong>of</strong> <strong>Practice</strong><br />

• Underst<strong>and</strong>ing Parties’ Conflict Patterns <strong>and</strong> Process Dynamics<br />

• Effective Mediator Responses <strong>and</strong> Interactive Strategies<br />

• Creating the Context <strong>and</strong> Building the Process<br />

• Decision Making in Divorce Cases: Parenting <strong>and</strong> Finances<br />

• Intergration <strong>of</strong> <strong>Mediation</strong> with the Legal Process<br />

• Domestic Violence: Implication for <strong>Mediation</strong> <strong>Practice</strong><br />

• Difficult Questions: Power <strong>and</strong> Fairness<br />

• Ethical <strong>and</strong> practice St<strong>and</strong>ards<br />

This is a skills training course, which will allow – <strong>and</strong> require – participants to participate<br />

in practice exercises <strong>and</strong> simulations. Through their work in the course, participants will<br />

gain a basic familiarity with with the skills needed for mediation practice – skills which<br />

are also <strong>of</strong> great value in many other areas <strong>of</strong> lawyering <strong>and</strong> client counseling. Those<br />

who complete the course successfully will also receive certificates that qualify them to<br />

apply to work as vounteer mediators in any <strong>of</strong> the 50+ state-supervised mediation centers<br />

located in New York State.<br />

Faculty<br />

This year the course will be taught by <strong>H<strong>of</strong>stra</strong> <strong>Law</strong> <strong>School</strong> Pr<strong>of</strong>essor Baruch Bush, who is<br />

recognized internationally as a major scholar in the field <strong>of</strong> mediation as well as the<br />

originator <strong>of</strong> the transformative model <strong>of</strong> mediation practice. Pr<strong>of</strong>essor Bush will be<br />

assisted by several adjunct instructors who are experienced trainers/practitioners<br />

associated with the Institute for the Study <strong>of</strong> Conflict Transformation (see website at<br />

www.transformativemediation.org). The curriculum <strong>and</strong> materials for the course have<br />

been used to train mediators all over the U.S., including mediators in the United States<br />

Postal Service’s award-winning workplace mediation program, <strong>and</strong> in many foreign<br />

countries including Australia, Denmark, Engl<strong>and</strong>, Italy, Sweden, Norway <strong>and</strong> Israel.<br />

Program Contact Information<br />

For further information about this program, please contact Pr<strong>of</strong>essor Bush, by e-mail, at<br />

lawrab@h<strong>of</strong>stra.edu.<br />

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ADMINISTRATIVE DETAILS<br />

Registration<br />

Course enrollment is limited. There are no pre-requisites for taking this course.<br />

However, preference will be given to students who have taken one or more <strong>of</strong> the<br />

following courses: Alternatives to Litigation; Advanced <strong>Mediation</strong> Seminar;<br />

Negotiation, <strong>Mediation</strong> <strong>and</strong> the Family <strong>Law</strong>yer; Introduction to child & Family<br />

Advocacy; Negotiation Seminar <strong>and</strong> Family Court Review. Preference will also be given<br />

to May 2012 graduates. Final decisions on acceptance to the course will be at the<br />

discretion <strong>of</strong> Pr<strong>of</strong>essor Bush.<br />

Beginning on Tuesday, October 18, 2011:<br />

To register for this course you will need to add yourself to the Waiting List. In order to<br />

do this, you need to log into the My <strong>H<strong>of</strong>stra</strong> Portal <strong>and</strong> select the <strong>H<strong>of</strong>stra</strong> On-Line<br />

Information tab. Follow these instructions:<br />

-From the Main Menu, select the “Student” option.<br />

-From the Student Menu, select the “Registration” option.<br />

-From the Registration Menu, select the “Add/Drop Classes” option.<br />

-Select the term – January Session 2012.<br />

-On the “Add/Drop Classes” page, enter the CRN for the course – 10474 <strong>and</strong> “Submit<br />

Changes”.<br />

-You will then get a screen that says “Registration Add Errors”. Under the title “Action”,<br />

chooose the “Wait List” option <strong>and</strong> “Submit Changes”.<br />

-You are now Wait Listed for this course.<br />

Students will be notified whether they have been accepted to <strong>and</strong> registered for the course<br />

by Wednesday, November 2, 2011.<br />

Tuition Payment<br />

Due to the small class size <strong>and</strong> the trainer/student ratio needed to provide individual<br />

attention to students, special restrictions must be placed on drops <strong>and</strong> withdrawals from<br />

the course. Payment must be arranged for no later than Friday, November 11, 2011.<br />

Payment may be made in the form <strong>of</strong> an ACH Debit (personal checking or savings<br />

account) or a credit card (Master Card or Visa) on the <strong>H<strong>of</strong>stra</strong> On-Line Information<br />

System. Students receiving financial aid should consult the <strong>Law</strong> <strong>School</strong> Office <strong>of</strong><br />

Financial Aid, Joan Axinn Hall. Wait-listed students who are <strong>of</strong>fered a seat must make<br />

payment arrangements within 2 business days <strong>of</strong> registration or they are in jeopardy <strong>of</strong><br />

being dropped from the class.<br />

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PLEASE NOTE: The <strong>Law</strong> <strong>School</strong> will <strong>of</strong>fer a number <strong>of</strong> partial need-based<br />

scholarships. In addition, student loans may be available.<br />

Applications for need-based scholarships must be filed by Friday, November 4,<br />

2011. Please contact the <strong>Law</strong> <strong>School</strong>’s Office <strong>of</strong> Financial Aid, which is located<br />

in Joan Axinn Hall, for information regarding available financial assistance for<br />

this course. You can reach the Office <strong>of</strong> Financial aid by calling (516) 463-5929<br />

or by sending an e-mail to: lawfinaid@h<strong>of</strong>stra.edu.<br />

Dropping the Course<br />

Students may drop the course online by 11:59 pm on Sunday, November 13,<br />

2011. Tuition payment will be fully refunded . The course will be deleted from<br />

the transcript.<br />

Students who drop the course between Monday, November 14, 2011 through<br />

Friday, December 9, 2011 (5:00pm) will be assessed a $250 penalty.<br />

The course must be dropped by filing a Course Change or Withdrawal Form with<br />

the Office <strong>of</strong> Academic Records. The course will be deleted from the transcript.<br />

Withdrawal from the Course<br />

Due to the commitment <strong>of</strong> funds to hire <strong>and</strong> transport the trial attorneys who will<br />

teach this program, tuition <strong>of</strong> students withdrawing after Friday, December 9,<br />

2011 will not be refunded. Withdrawal must be made through the Office <strong>of</strong><br />

Academic Records. The course will remain on the transcript with a “W” in the<br />

grade field. On the reverse side <strong>of</strong> the <strong>of</strong>ficial transcript, the grade legend<br />

describes the “W” as “Withdrawn without penalty or prejudice.”<br />

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