The Civil Mediation Clinic (CMC) is an intensive program that trains second and third year law students in dispute resolution techniques and negotiation theory in order for them to mediate live cases for members of the public. During the semester, the students must devote 150 hours of their time in class sessions, discussions, exercises, writing assignments, mediation simulations (three per student) and actual mediations at Baton Rouge City Court and the Clinic facilities. The mediation simulations are a minimum of one-hour long, are videotaped, uploaded to the Panapto video-editing software, and strenuously critiqued by the instructor, whose comments are displayed in “real time” with the video replay. The intensity of this work, especially early in the semester, cuts the learning curve and gives the students the opportunity to mediate live cases within four-to-five weeks of the beginning of the semester. Also, at least eleven (11) CMC students have contributed articles that have been published in the “Recent Developments in ADR” section of the Louisiana Bar Journal, with at least two more articles anticipated in the coming editions.
The CMC began working with the Baton Rouge City Court in the summer of 2011 to develop a court-connected mediation program (Mediation Program) for their Small Claims cases. Since that time the five judges of City Court have accommodated the Mediation Program by changing their respective docketing systems so that Small Claims cases are uniformly scheduled; by adopting standardized forms, including an Agreement to Mediate and Confidentiality form, a Mediation Agreement form, and a Mediation Case Report that documents the result of the mediation for the court and Clinic records; and by adopting a Policies & Procedures Manual on the Mediation Program that has been implemented by the judges’ respective staffs.. Most recently, we are exploring the possibility of the CMC conducting mediations of pro se cases that are above the $5,000.00 jurisdictional limit of Small Claims Court.
In the Fall Semester of 2012, the CMC began a collaboration with the Perry Damph Dispute Solutions firm that affords each of our students two (2) opportunities per semester to “shadow” live mediations involving attorneys and their clients that are mediated by professional mediators. This is an invaluable experience for the students. In the fall of 2013, the CMC was accepted as a referral source for the Baton Rouge Bar Association’s Thirst for Justice Program. That same semester, the CMC joined with the LSBA’s Alternative Dispute Resolution Section in conducting a School Outreach Program for the 8th grade students of a local school to celebrate National Mediation Week (the program was presented by students of the CMC again in October of 2014). Finally, in the summer of 2014, the CMC collaborated with a local attorney to have students conduct mediation conferences at the Clinic facilities for up to twelve (12) of his “small claims” cases per semester.
Since its inception, the Civil Mediation Clinic has conducted 51 mediation conferences and assisted parties in 38 of those to reach a voluntary agreement, resulting in a 75% resolution rate.
