Fall 2012
    Law No.: LAW8630
    Sched. No.: 112821522

Family Mediation Clinic (YR)
Section 1
X
Balnave, Richard D.
Emery, Kimberly C.



Administrative Information:
During SIS enrollment, check on SIS for real-time enrollment numbers
Days, Times (Room):W, 1130-1250 (WB129)
Credits:4Type:Yearlong clinic
Capacity:8 **This information is current as of 05/22/2013 06:17:45 AM**
Current Enrollment:8 **This information is current as of 05/22/2013 06:17:45 AM**

Course Description:

This yearlong clinical course is open to 2L and 3L students. Students will earn a total of 6 credits during the two semesters – 4 in the Fall and 2 in the Spring. The course focuses on mediation as an alternative dispute resolution method to resolve conflicts involving families and children. Traditional family law practice is adversarial and lawyers represent their clients by negotiating issues or litigating cases. Outcomes are determined not by the parties, but by judges. Social science research has demonstrated the potentially harmful effects of adversarial litigation on children, especially since this method of conflict resolution tends to increase rather than decrease conflict between parents. Mediation, an alternative to adversarial litigation, uses a neutral third-party facilitator to guide and empower the parties to reach their own agreements. In this clinic, students will serve, not as attorneys representing clients, but as mediators assisting the parties to develop mutually agreeable resolutions to their disputes. Students will learn about differences between litigation and mediation while enhancing their negotiation skills - skills which are important in many different substantive law areas. In addition, students will gain a solid understanding of mediation ethics, creative problem-solving, and the role of neutral facilitator versus that of advocate.

A 16-hour Basic Mediation training at the start of the fall semester will allow students to develop mediation skills such as active listening, paraphrasing, reframing and the drafting of agreements. After completing the training, students will co-mediate cases with court certified family mediators associated with the Mediation Center of Charlottesville. Most of the disputes being mediated will involve child custody and visitation, although some may also include child and spousal support issues. Case referrals for family mediations will come primarily from the local Juvenile and Domestic Relations Court. The Clinic will also include a weekly seminar, class discussion, readings, and role plays to provide students with a solid understanding of the theory and practice of mediation. Students also will have an opportunity to observe a court-mandated co-parenting class and will be expected to do case intakes at the Mediation Center.

SCHEDULING INFORMATION: The Basic Mediation training will take place on Saturday, September 1 and Saturday, September 8, 2012. Participation in the full Basic Mediation training is required. Co-mediation assignments will be offered at times that do not conflict with other classes. Co-mediation cases are scheduled Monday-Friday at 9:00 a.m., 12 noon, and 3:00 p.m., and are scheduled to last 2 hours each. A student enrolling in this Clinic will have more opportunities to co-mediate if he or she plans a schedule that leaves one or more of these blocks of time open. (e.g. avoiding classes between 9:00-11:30 a.m. on 2 mornings each week, or avoiding classes between 2:30 and 5:30 p.m. on 2 afternoons each week)

ATTENDANCE REQUIREMENT: Enrolled students who do not attend the first class session will be dropped. Students seeking to enroll in this course must attend the first class session.
ENROLLMENT LIMITATION: Students may enroll in one clinic per semester. On a space-available basis, students may petition to enroll in a second clinical offering after the add/drop period has ended.
PREREQUISITE: Second- or third-year status
COURSE REQUIREMENT: Case notes, reflection papers, memoranda and intake/screening forms

Prerequisites:Second- or third-year status
This course is on the professional skills course list.