mediation lesson

8/7/2019 Mediation Lesson

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Mediation InformationRole Play

Case Study


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Goals

Studying mediation helps you understand that disputescan be resolved successfully without courts or lawyers.

KnowledgeObjectives

Most disputes are resolved outside the court system.

Mediation is a popular and effective form of disputeresolution.

Mediation is voluntary and confidential. The steps of a typical mediation.


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Skills

Objectives

Identify what kinds of cases are suitable for mediation.

Listen effectively by restating another partys perspective.

Identify underlying interests in a dispute.

Identify alternative solutions to a dispute.

Express an agreement in writing.

AttitudeObjectives

Disputes have multiple perspectives and potentialsolutions.

Disputes can be resolved successfully without courts orlawyers.


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Today we will beexploring a popular

method forresolving disputes

outside of theformal court

systemmediation.

Although trials are

often reported inthe news andportrayed on

popular televisionshows like Law and

Order, very few

civil disputes evermake it to trial.

Indeed, very fewdisputes ever enterthe court system at

all.


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Give reasons why so few

cases are resolved throughthe court system.

The court systemtakes time.

More civil casesare being filed.

Courts have limitedresources.

Criminal casestake riority overcivil cases due to

the criminallyaccused right to as eedy trial under

the ixthmendment to the

U. . Constitution.


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The court system can harm ongoing relationships.

Taking a dispute to court can cause anger and bitterness

e.g. divorce and child custody disputes

The court system is expensive.

A trial and the preparation leading up to it can generate thousands of

dollars in legal fees. Quickly note the availability of contingency agreements and their advantages/disadvantages.


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Identify the three most commonways to resolve disputes out of court.

Negotiation Arbitration Mediation


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The disputing parties talk to each other

about their problem and try to reach asolution that is acceptable to them.

Note that negotiation can be used tosettle disagreements ranging fromminor disputes between siblings tomulti-billion dollar lawsuits betweenlarge corporations.

Negotiation


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he is ti rties ree t haveanother erson listen totheir ar ents and akeadecision for them.

Note that thear itrator is likea j dge, t the rocess is lessformal thana trial.

Ar itrators have theauthorit tomake the final decisionandthe arties must follow it if it is indingar itration.

If it is nonbindingarbitration, the arties arenot boundandhencedonot have to follow the final decision.

Arbitration is common incontract and labor-managementdis utes.

Note that many sales and serviceagreements haveanarbitrationclause requiring bindingarbitration.

Arbitration


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A person not involved in thedispute helps the disputingparties talk about theirproblem and settle theirdifferences.

Mediation


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The parties decide whether they want to come to

the mediation. The parties decide how they want to resolve the

dispute.

Mediators do not impose a decision on theparties.

Mediators instead listen carefully to both parties,try to help them understand each others position,and find ways to resolve the dispute.

The parties are free to leave at any time.

Voluntary


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Law makes mediation sessionsconfidential.

Parties can talk without worryingabout hearing it later in court.

Mediator cannot be called to testifyin court as a witness for a partyscase.

Confidential


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Allows disputing parties to vent their frustrations.

Avoids placing blame and concentrates on thefuture relationship between the parties.

Allows parties to come up with creative solutionsthat are not available through the court system

e.g. periodic payments

Because the solution is created by the parties, theparties are more interested in making it work andmore willing to live up to it.

Effective


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If a settlement is reached, it can bewritten as legally binding contract.

Note that written agreements arealmost always more effective than

oral agreements. If it is not written down, the

agreement is not legally binding.

Enforceable


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Many community mediation programs offer free

mediation e.g. the niversity of Washington Law School

Mediation Clinic

Mediation is a common way to resolve disputesbetween husbands and wives, landlords and

tenants, and consumers and businesses. Note that some schools train students to

mediate disputes between students that occurat school.

Free


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Introduction

Telling the story

Identifying positions and underlyinginterests

Identifying alternative solutions

Revising and discussing solutions


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Introduction

Mediator will explain theground rules

e.g. no name calling, nointerruptions

Mediator will informparties that he or shecannot provide legal

advice.

Mediator will verify thatthe parties agree to

mediate in good faith,meaning that each partyis there to listen with an

open mind and is notheld to a fixed position.

Mediator will confirmthat all relevant partieswith the power to makedecisions are present.


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Telling the story

Mediator will askeach person to tellwhat happened.

After each disputing party speaks, mediatorwill summarize what the disputing partysaid.

Why might the mediator do this?

To check forunderstanding

To let the party know thathe or she has been

heardthe power ofempathy.


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Identifying positions

and underlying interests

Mediator will try to accomplish ashe or she summarizes each partysperspective of what happened.


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Identifying alternative

solutions

Disputing parties willthink of possible

solutions to the problem.

Mediator will make a list

and ask each disputingparty to explain his or

her feelings about eachpossible solution.


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Revising and

discussing solutionsIn response to the feelings shared by the

disputing parties, the mediator may help theparties change some of the possible solutions andidentify a better solution to which the parties can

agree.


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Reaching an

agreement

Mediator helps thedisputing partiesreach an agreementthat both can accept.

The agreement iswritten down.

The agreementaddresses what will

happen if one of theparties does not

follow through on itspromises in the

agreement.


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Each person will receiveconfidential instructions.

It is completely up to thedisputing parties to reveal

whatever confidentialinformation is contained inthe instructions during the

mediation.

Sam

Chris

Mediator

The mediator willhelp the disputing

parties write anagreement.

Each mediator willbe asked to read

the groups writtenagreement at the

end of class.


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Sam

Tyler

Nick

Morgan

Chris

Katie

Dustin

Leah

Mediators

Rachel

Scott

Sam

Hilary


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Debriefing

Mediation Role Play

Read your specific role background information GD


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Mediator:briefly

summarize themediation and

read theagreement they

reached, if any.

Disputingparties:

describe yourexperiences.

Share youroverall

impression ofthe role play

and mediation.

mediation lesson

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