Mediation Theory and Practice Clinic

Course Description

This is a SPRING semester clinic with a fall semester seminar pre-requisite.

This clinic provides students with intensive experience as a neutral mediator in civil, non-family matters. Students serve in the role of neutral mediator in real legal disputes, including civil small claims cases in Baltimore City District Court and employment and housing discrimination cases referred from the Baltimore City Office of Equity and Civil Rights and Equal Employment Opportunity Commission. Students receive training in conflict resolution and communication skills and complete an apprentice process before sitting in the mediator’s chair. Students first observe faculty mediate two cases (which may occur during the fall seminar), then co-mediate two cases with faculty, and then advance to full practicing mediator status, co-mediating with peers under faculty supervision. Students receive feedback after each mediation they conduct. Students submit weekly reflection journals and are responsible for managing weekly pre-trial mediation cases. Students will be evaluated based on a combination of demonstrated educational responsibility, professional responsibility, case management and mediation proficiency, and self-evaluation and reflection.

The four clinic credits require students to dedicate approximately 12-15 hours per week, which includes preparing and engaging actively in the weekly class seminar, managing a docket of pre-trial mediation cases, and mediating cases at court and in the clinical law office (at various dates/times convenient for the parties). To allow for both weekly class and mediation coverage, students will need to be available on Tuesday and Friday afternoons. Although there are set times for seminar and some mediations, students will need to have availability to schedule and conduct mediations and project work during traditional work hours at other times throughout the week.

Students in the Mediation Clinic will be required to:

  • Complete supplemental training and practice at the beginning of the spring semester;
  • Attend weekly clinical class seminar and team meetings;
  • Staff the afternoon mediation docket at the District Court for Baltimore City on Tuesday or Friday afternoons (from 12:30-4:30 pm);
  • Co-mediate complaints referred by the Baltimore City Office of Equity and Civil Rights and EEOC;
  • Schedule and conduct mediations referred by the ADR Program of the District Court for Baltimore City and other community referral sources; and
  • Engage in a semester-long project associated with mediation (peer mediation in schools, consumer education, mediation-related legislation).
  • Students should contact Professor Toby Guerin at tguerin@law.umaryland.edu with any questions.

    All students enrolled in spring clinic will be required to attend in-person clinic orientation on Friday, January 10, 2024, in addition to any clinic-specific orientation that the professor may schedule.

    P: In the Fall: Enroll in the Mediation Theory and Practice Seminar (3 credits). Students that are on the admit list for spring Mediation Clinic will be automatically enrolled in the fall Mediation Theory and Practice Seminar. The fall Mediation Theory and Practice Seminar will meet on Tuesday (1:05-2:00) and Thursday (1:05-3:05). Please confirm class times in the course catalog.

    Current and Previous Instructors

    Key to Codes in Course Descriptions

    P: Prerequisite
    C: Prerequisite or Concurrent Requirement
    R: Recommended Prior or Concurrent Course

    Currently Scheduled Sections

    CRN: 21745

    • Spring '25
    • 4
    • 310
    • Tues: 1:05-4:10

      Day

    • Toby Treem Guerin

    • Waitlisted. (Limit 8).

    Satisfies Cardin Requirement

    • 533c

    • Douglas Frenkel and James Stark , The Practice of Mediation: A Video Integrated Text Third Edition

      ISBN: 978-1-4548-7023-4

      This is the same text used in the Mediation Theory and Practice Seminar