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Domestic Relations Mediation
BHSC 6331, Section 775
Thomas L. Hartsell, Jr.
Summer 2008
SMUs Taos, New Mexico Campus: July 24 July 29, 2008
Note: lunch will be provided on campus on July 25 29, 2008
Course Information
INSTRUCTOR Thomas L. Hartsell, Jr.
SMU office phone: 972-473-3439
Law Office phone: 214-363-0555 ext. 222
Cell Phone/Voice Mail: 972-741-3307
SMU Internet Address: thartsel@smu.edu
Internet Address: tlhartsell2@aol.com
Website Address: www.thomashartsell.com
I do not have set school office hours, but I will be happy to set a mutually convenient time to discuss any matter in person or by phone. My office is located in room 118.
REQUIRED TEXT Course materials to be provided by the Instructor.
CATALOG DESCRIPTION This course presents fundamental mediation principles and their application in domestic relations cases and reviews statutory concepts of domestic relations law. Topics that will be addressed include psychological aspects of divorce and conservatorship, custody, support, visitation, property division, mediation process, practice forms and contracts and mediator ethics.
COURSE LEARNING OUTCOMES: Upon successful completion of this course, the student will be able to demonstrate knowledge and application of:
1. Fundamental legal concepts governing common domestic relations issues.
2. Fundamentals of mediating domestic relations cases.
3. Definitions and proper use of terminology relating to domestic relations law.
4. Ethical obligations of a mediator in a domestic relations case.
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Key Learning Objectives |
How Achieved |
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Upon successful completion of this course, the student will be able to demonstrate knowledge and application of family mediation terminology and principles |
Manual, videos and related materials distributed by the instructor will be studied to acquaint students with terminology and principles. |
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Students will learn to mediate family law issues confronted by ADR professionals. |
Through roll play participation as both mediator and disputant and critique by instructors and students. |
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ATTENDANCE POLICY Attendance is crucial and class participation will be factored into the final grade. Because the role-plays are considered a crucial part of the course and students are dependent on each other for the success of these valuable learning experiences every effort should be made to be present on days the student is scheduled to participate. Failure to participate in more than one role-play will result in a failing grade. Failure to attend 3 or more classes will result in a failing grade.
EVALUATION/GRADING 1/4 of the final grade will be based on attendance and class participation. 1/4 of the grade will be based on the mediation roll play participation as a party. ½ of the grade will be based on the mediation roll play as mediator . I use the following grading system.
94 100 = A 84 86 = B 74 76 = C
90 93 = A- 80 83 = B- 70 73 = C-
87 89 = B+
77 79 = C+
STUDENT DROP POLICY If you are unable to compete this course or will miss 3 or more classes, it is YOUR RESPONSIBILITY to withdraw formally from the course.
Class Decorum
· Be punctual, class begins on time.
· Breaks will be granted, but the student is expected to be back on time.
· Do not read newspapers, books for other classes, or other outside reading material during class.
· Attendance is mandatory and roll will be taken.
· Be quiet if you arrive late for class when you enter the classroom.
· If you have to leave class early let me know before class begins.
· Beepers and cellular phones are to be turned off during class.
· Be prepared to participate.
· Professional respect and courtesy is expected.
Disability Accommodations Students needing academic accommodations for a disability must first contact Ms. Rebecca Marin, Coordinator, Services for Students with Disabilities (214-768-4557) to verify the disability and establish eligibility for accommodations. They should then schedule an appointment with the professor to make appropriate arrangements. (See University Policy No. 2.4.)
Religious Observance Religiously observant students wishing to be absent on the holidays that require missing class should notify their professors in writing at the beginning of the semester, and should discuss with them, in advance, acceptable ways of making up any work missed because of absence. (See University Policy No. 1.9.)
Course information
Discussion of Domestic Relations Law
Where is the law found?
Anatomy of a family law lawsuit
Where mediation fits in
Review of Texas ADR statutes
Family Mediators Video
Child Custody
Conservatorship
Support
Visitation
Exercise #1
Division of Property
Property & Finance
Separate v. Community
Qualified Retirement Plans
Spousal Maintenance Statutes
Income Tax
Cobra & Insurance
Exercises #2
Divorce Mediation Process
Case of Willie 3 Mediation Approaches (Film)
Contrasting Styles Film
Establishing & Building A Mediation Practice
Mediation Ethics
Negotiations #1 and #2
Dismissal/Award of Certificates