It is Alternative Dispute Resolution week in Civil Procedure.1 Although Professor V has a lot of ADR experience, she has brought in a guest mediator for our in-class ADR simulation. The mediator specializes in employment law, specifically discrimination and sexual harassment.2
The mediator blindsided our “mock attorneys” by quizzing them about the hypo’s fact pattern during an impromptu “scheduling-call simulation.”
The mediator basically said, “Okay, I’m going to pretend to call you guys now. Be prepared to answer questions. Hello? Is this the attorney for the plaintiff? What are the important issues here?”
I was mortified for my classmates, but it wasn’t that bad.
After the “scheduling-call” Jill asked a question:
Jill: “Why do the attorneys in ADR become so entangled and angry at each other? I mean at the end of the day, it should just be a job…”
Mediator: “Well, keep that in mind! Attorneys are just as subject to unmanageable conflicts as anyone else!”
The full ADR simulation is next week. It should be amusing…
1 ADR includes among other things, arbitration and mediation. ADR is a way to solve problems without the cost of a full out court battle.
2 Which is part of our hypo.