CERTIFIED CIVIL MEDIATION

Spring 2008
Appalachian School of Law
Prof. Paula M. Young
Office Phone: 935-4349, ext. 1221
Cell Phone: (276) 935-1678; E-mail:
pyoung@asl.edu

COURSE MATERIALS:

Required Books:

Mark Bennett & Michele Hermann, THE ART OF MEDIATION (NITA 2d ed. 2005), ISNB 1-5568-1865-3 (pbk.).

Douglas Stone, Bruce Patton, Sheila Heen, DIFFICULT CONVERSATIONS: HOW TO DISCUSS WHAT MATTERS MOST (1999), ISBN 0-14-02-8852X (pbk.).

Forrest S. Mosten, MEDIATION CAREER GUIDE: STRATEGIC APPROACH TO BUILDING A SUCCESSFUL PRACTICE (2001), ISBN 0-7879-5703-8 (alk. paper).

Supplemental Materials.

Book of your choice.

Class Handouts

Class discussion will inevitably cover some but not all of the material in the readings. If you have questions about the readings, feel free to raise those questions, preferably in class, or with me privately, or on the Extended Class Discussion Tab of TWEN.

STUDENT GRADING:

I will determine your final course grade by your point totals from the activities listed below. Any student who needs special accommodations based on a legally protected disability must contact me as early as possible before I can make appropriate arrangements.

Quizzes (10 total at 10 points each) 100 points
Summaries and evaluations of three mediation/negotiation videos on reserve  
-  Purple House 60 points
-  Breach of Warranty or Termination Tempest 30 points
-  One other video 30 points
Please see the class calendar for the deadlines for these summaries and evaluations.  
Summary and evaluation of one
   - mediation/negotiation audiotape/CD on reserve
30 points
Multi-Party Co-Mediation Simulation 100 points
Final Mediation Simulation 300 points
Class Participation  
   - Includes de-briefing of in-class role-plays and discussion of assigned readings 100 points
   - Assigned projects  
      o Analysis of Agreements to Mediate 50 points
      o Decision Tree Problems 50 points
      o Outlines of Race and Culture Readings 50 points
      o Analysis of Confidentiality Problems 50 points
      o Application of Virginia SOEs to Ethical Dilemmas 50 points
Total: 1000 points

COURSE OBJECTIVES:

You have already learned a great deal about the nature of conflict, negotiation theory, mediation and arbitration in the Dispute Resolution course and the Arbitration and Dispute Resolution System Design seminar (if you took it).  This class will build on the knowledge you gained in those classes, but it will focus more on conflict analysis and mediation skill building.  We will again focus on the nature of conflict, bringing our analysis from the “macro” level we considered in the survey class (Circle of Conflict), more to the intra-personal and inter-personal level.

This course focuses on the process by which mediators assist others in resolving disputes.  The course covers mediation theory and techniques that a mediator can use in any kind of conflict.  We will focus, however, on a facilitative, interest-based style, especially because the code of ethics for mediators in Virginia precludes a mediator from giving legal advice or adopting strategies that undermine party self-determination.  We will discuss the other styles of mediation – evaluative, understanding-based, transformative, and narrative -- and consider when they may best assist parties in dispute.

The objectives of the course are to:  (1) improve your skills in listening, questioning, paraphrasing, reframing, problem-solving, persuasion, negotiation, and professional judgment that are important for both mediation, negotiation and legal representation, (2) increase your understanding of dispute resolution theory and practice, including ethical issues, (3) increase your appreciation of the advantages and disadvantages of mediation and litigation, (4) build the skills needed to mediate disputes, and (5) encourage you to become more deliberate about your professional work and your own approaches to dispute resolution, both as advocates and mediators.

In addition, this course is intended to enhance students’ analytical skills.  Good analysis involves identifying problems and different perspectives about the issues.  It also involves making sound diagnostic hypotheses based on experience and dispute resolution theory.

Finally, I hope that this course helps you increase your empathy for people facing crisis and conflict in their lives.

Understanding Conflict: The course begins with a focus on the identity-based nature of conflict, its causes, and avenues for dispute/conflict resolution. We will also consider the role of blame and acknowledgment of each person’s contribution to the conflict.   The first day of class we will consider the five levels of dispute resolution.  We will also discuss the core values of mediation: party self-determination, the impartiality of the mediator, and confidentiality.  Acts or interventions inconsistent with these values compromise the mediation process and potentially subject the mediator to malpractice liability or disciplinary processes.   We will also examine the four stories of mediation and the role they play in developing your own mediation style.

Mediation Skills: The second part of the class focuses on the skills of a mediator.  Certification of mediators is not required in Virginia or by most states for persons who want to practice as private mediators who do not take cases referred from courts.  However, the Supreme Court of Virginia requires certification of mediators who want the court to place them on the court referral list of mediators.

Other states also have qualification requirements for court-connected mediation.  I have provided references to the websites with that information later in the syllabus.  For students who will practice outside Virginia, they may receive reciprocal recognition of this class as the basic mediation training required in other states.  Tennessee approved the class this past year.  Accordingly, keep your syllabus and class assignments, and your final simulation evaluation.  You can attach them to your application for reciprocal certification or qualification in another state.  So far, I know that students have received reciprocal recognition in Kentucky.  I will be glad to help you get that recognition in other states.

Beginning in 2000, the Virginia Supreme Court established four kinds of certification: General District Court; Circuit Court Civil; Juvenile and Domestic Relations; and Circuit Court Family.  Each level or kind of certification has its own requirements.  This course will help you progress towards the General District Court mediator certification.  This type of certification requires:

A student must complete all elements of the requirements within 24 months of completing this training course.

The course will provide you with the first element of the certification requirements.  Your other classes at law school should satisfy the second requirement, especially if you plan to take Virginia Practice and Procedure.  After completion of the course, you will still need to complete the last three requirements before you apply for certification.  I hope to provide some opportunity for you to observe me conducting mediations on the Buchanan County small claims docket on Friday mornings, twice a month.   I am a certified mentor for General District court mediators. This course will also provide the basic mediation training required for the other types or levels of certification.

CONTENT AND ORGANIZATION:

Mediation requires a diverse set of skills that consider the legal context of the dispute, the interest and psychological needs of the parties, the emotions fueling the dispute, the parties’ need for apology and forgiveness, and the techniques for helping parties reach reconciliation. Good mediators are skillful at listening, questioning, paraphrasing, and reframing. While we briefly considered these skills in the ADR survey class, this course will give you the ability to develop them further through readings, demonstrations, and role-play exercises. We will use students who completed the course in previous years and local mediators to observe, provide feedback, and de-brief the role-play exercises.

The course builds cumulatively from simple mediations to those of greater complexity -- that is, starting with two-party cases and building toward multi-party, multi-issue mediations. We will use structured exercises to isolate and emphasize specific analytic points and essential skills. Cases and readings serve to integrate the analytic points as well as to develop your intuition about more complex real-world mediations.

The course will blend theory and practice to help you see and appreciate the relationship between the two. The theoretical research that has come to inform our understanding of mediation is rich and interesting (at least to some of us), and it is my belief that a grasp of that literature will help you become a better mediator in practice, which is the ultimate goal of the course. The course will draw theoretical foundations from several different disciplines – law, psychology, natural sciences, and economics, to name a few. We will have at least one role play or exercise during most class sessions to help apply the principles we have discussed and to gain a more personal sense of the issues they raise as we apply theory to practice. We will de-brief these exercises in class.

Mediation and Other Exercises

Throughout the course, I will assign you a role, paired with one or more counterparts, give you instructions (often including confidential information), and ask you to prepare and carry out an exercise before or during class. These exercises are an essential vehicle for learning in the class. One major requirement, therefore, is that you conscientiously prepare for, carry out, and be ready to share insights from the exercises with the class.

In our class discussions, I am primarily interested in your faithful and creative participation, in the quality and originality of your discussion of particular strategies, and in your reflections on how you might have done better. Failure to prepare and carry out these exercises will adversely affect your class participation grade and will harm your assigned mediation/exercise partners, whose learning experience depends on your being available and prepared.

Many of the exercises include confidential instructions. Do not show these confidential instructions to others. You may choose to discuss or reveal some of their content -- indeed, communicating your interests clearly is essential to effective negotiation or mediation -- but you must not physically show others your actual confidential instruction sheets. This rule largely mirrors reality since parties rarely reveal all their information in mediation, unless in a private caucus and then only to the mediator.

Some general rules for role players include the following:

  1. Stay in the role. Each role is important and is intended to be a learning experience for the role player, the other participants and observers.
  2. Familiarity breeds comfort! It is easy to become complacent. Try not to do it. Losing interest in the process hurts everyone.
  3. If you have difficulty identifying with the role, ask for help and advice.
  4. It is okay to be original and add to the four corners of the document -- just don’t change the fundamental intent. Remember only you can make it real. Creativity counts for something.
  5. Observers should be prepared to comment, raise questions, and provide answers to the various issues that the role play introduces.

Graded Mediation Simulations

The first graded simulation will involve a co-mediated multi-party dispute. Students from my Dispute Resolution class or 1L students looking for community service credit will play the parties for this out-of-class mediation. You will mediate in co-mediation teams of two or three mediators. You will be responsible for preparing the mediation site, making all pre-mediation contacts with the parties, and getting the Agreement to Mediate executed. I’ll set up the time and location for the mediation. As the final exercise in the class, you will act as a mediator in one of two simulations. About half the class will conduct a family law mediation in which parties (who may or may not appear at the mediation) will be represented by two “lawyers” on each side of the dispute. The lawyers will be students taking Professor McGlothlin’s Family Law practicum. The second simulation (if we need it) will likely involve a commercial or employment situation. Students in my Dispute Resolution class will play the parties in the second simulation for role-play credit in that course. I will evaluate your skillful handling of that exercise based on the evaluation form attached to this syllabus. You will be responsible for preparing the mediation site, making all pre-mediation contacts with the parties, getting the Agreement to Mediate executed, and setting up a mediation date and time convenient for you, the parties, and me as the observer/grader. You will also need to reserve the room you plan to use for the mediation.

Quizzes & Assigned Projects

Over the semester, you will take ten quizzes that will focus on the assigned readings. You will take these quizzes most often in a group, but I may ask you to complete some of them individually. You will also be responsible for providing more in depth analysis of five topics: Analysis of Agreements to Mediate; Decision Tree Problems; Outlines of Race & Culture Readings; Analysis of Confidentiality Problems; and Application of the Virginia Standards of Ethics (SOEs) to Ethical Dilemmas.

Video & Audio Tape Summaries

I am also requiring you to view the video on reserve that demonstrates the transformative mediation style: Purple House. You will complete the Guided Notetaking provided on TWEN for this video. You must also view and summarize two other mediation or negotiation videos I have placed on reserve for this class or that Professor Alkon has placed on reserve for her Advanced Negotiation class. I will provide a list of those videos later in the semester. I am also requiring that you listen to and summarize an audio tape or CD of a program presented at one of the ADR conferences. The tapes are on reserve and I will provide a list of them later in the semester. You may also want to order a tape that is of more interest to you from the websites listed later in the syllabus. The one to two hour session tapes cost $10 to $20. The half-day or full-day sessions typically cost much more, but can be good resources on a topic.

ATTENDANCE POLICY AND CLASS PARTICIPATION GRADE:

Your thorough preparation of the assigned materials is essential for us to engage in rigorous class discussions and effective simulations. Because time is scarce, it is essential that you read the assigned material prior to class. I realize that the readings will put a burden on you because of the two hour block of time scheduled for the class. So please plan ahead.

The faculty amended the Academic Standards to require that students miss no more than 15 percent of scheduled classes. For the reasons mentioned above, I am providing a stricter attendance policy. I prefer that all students attend all classes. In view of the personal commitments and emergencies that inevitably arise, however, students may miss a maximum of three (3) class sessions, with no questions asked. Be sure to provide an e-mail to me explaining your planned absence so I may forward it to Carol for the school’s records. In the unlikely event you exceed the allowed absences, the Dean will consider the e-mails in deciding whether you must withdraw from the class.

CLASS ASSIGNMENTS:

See below.

TWEN SITE

You may access the TWEN website through the www.lawschool.westlaw.com home page. I will put this syllabus there and a list of the assignments. You must register at the site ASAP. I will use it to provide links to relevant statutes, court rules, and the final draft of the Uniform Mediation Act, among other things.

OTHER CLASSROOM MATTERS:

Use of computers in class: The law school faculty adopted a new provision of the Academic Standards providing that:

Use of computers during class periods for any purpose other than note-taking is prohibited.  The instructor may establish a more restrictive computer use policy.

In keeping with this policy, not only will I refer any violator of this rule to the Dean for appropriate disciplinary action, but I will also count any violator as absent for the day.  Please note that Article III, B of the Academic Standards provides:  “Any student who has reason to believe a violation of the Code of Academic Conduct has occurred must report that belief to the Dean.  Failure to do so is a violation of the Code of Academic Conduct.”

OFFICE HOURS:

I will hold official office hours on Monday, 11 a.m. to noon, Tuesday, 10 a.m. to noon; and Wednesday, 11 a.m. to noon. Other times by appointment. My door is usually open, so please feel free to talk with me if I am in my office at other times. I am also available by e-mail.

WEBSITES YOU MAY FIND USEFUL:

Quite a few web sites are devoted to ADR. Some examples include:

Virginia:

http://www.courts.state.va.us/drs/ (main webpage for court-connected programs)

http://www.courts.state.va.us/drs/training/home.html (information about certification requirements in Virginia)

http://www.courts.state.va.us/drs/forms/home.html (Virginia related mediation forms)

http://www.mediate.com/articles/mulfordP2.cfm (article critical of Virginia’s court-sponsored mediation program)

http://www.courts.state.va.us/cmcl/cmcl.htm (forum for Virginia related mediation networking)

http://www.nvms.us/ (family mediation training programs)

http://www.vamediation.org/ (Virginia Mediation Network – state mediator organization)

http://rjav.org/ (Restorative Justice Association of Virginia)

See also Virginia Chapter of the Association for Conflict Resolution

c/o Lawrence Martin, Treasurer

2210 Executive Drive, Suite A

Hampton, VA 23666-2430

Tennessee:

http://www.tsc.state.tn.us/geninfo/Programs/ADR/adrdir.asp (about court-connected program)

http://www.tsc.state.tn.us/OPINIONS/TSC/RULES/TNRulesOfCourt/06SUPCT25_end.htm#31 (Rule 31 roster requirements)

http://www.tsc.state.tn.us/GENINFO/Programs/ADR/adrdir.asp (Tennessee Alternative Dispute Resolution Commission)

Kentucky:

http://courts.ky.gov/stateprograms/mediation/ (main webpage for court-connected programs)

http://courts.ky.gov/stateprograms/mediation/mediationforms.htm (roster forms and information)

West Virginia:

http://www.state.wv.us/wvsca/familyct/cover.htm (family mediation program)

North Carolina:

http://www.nccourts.org/Courts/CRS/Councils/DRC/Default.asp (North Carolina Dispute Resolution Commission main webpage)

http://www.nccourts.org/Courts/CRS/Councils/DRC/MSC/Rules.asp (mediation program rules; Rule 8 provides certification requirements)

http://www.nccourts.org/Courts/CRS/Councils/DRC/Standards/Opinions.asp (ethics advisory opinions)

South Carolina:

http://www.scbar.org/member/adr/training.asp (training)

http://www.judicial.state.sc.us/courtReg/displayRule.cfm?ruleID=15.0&subRuleID=&ruleType=ADR (certifications requirements)

Maryland:

http://www.courts.state.md.us/macro/ (main web page for court-connected mediation programs)

http://www.peoples-law.org/core/mediation/how_do_I_become.htm (information about becoming a mediator)

Georgia:

http://www.godr.org/odr.html (main webpage with links to roster requirements, training, and ethics rules)

http://www.godr.org/forms.html (roster/registration forms)

Florida:

http://www.flcourts.org/gen_public/adr/index.shtml (main webpage with links to certification requirements and ethics rules)

http://www.flcourts.org/gen_public/adr/MEAC%20Opionions/index%20of%20opinions.shtml (ethics advisory opinions)

Pennsylvania:

http://www.courts.state.pa.us (main web page with searchable links to mediation related information)

http://www.divorcenet.com/states/pennsylvania/evolution_of_mediation (article about history of mediation in state)

http://www.pacode.com/ (Civil Procedure Rules Title 231 sections 1940.1 to 1940.8 governing custody mediation, including mediator qualifications)

http://www.pacode.com/secure/data/231/chapter1940/s1940.4.html (mediator qualifications)

http://www.courts.state.pa.us/index/aopc/pressreleases/prrel06o06.asp (press release about appellate mediation program)

Ohio:

http://www.disputeresolution.ohio.gov/resources.htm (main web page for Ohio Commission on Dispute Resolution & Conflict Management)

National & International Organizations:

http://www.acresolution.org (Association for Conflict Resolution (ACR))

http://www.mediate.com/acrfamily/ (ACR Family Section with links to approved family mediation training programs)

http://www.abanet.org/dispute/home.html (ABA Dispute Resolution Section)

http://www.nafcm.org/ (National Association for Community Mediation (NAFCM))

http://www.afccnet.org (Association of Family and Conciliation Courts (AFCC))

http://www.aaml.org/i4a/pages/index.cfm?pageid=1 (American Academy of Matrimonial Lawyers)

http://www.iamed.org/index1.cfm (International Academy of Mediators)

http://www.iccwbo.org/(International Chamber of Commerce)

http://www.voma.org/ (Victim-Offender Mediation Organization)

http://www.attorney-mediators.org/ (Association of Attorney-Mediators)

Audio Taped Programs:

https://www.nrstaping.com/acr/acro2004.htm (ACR 2004)

http://secure.cartsvr.net/catalogs/index.asp?category=300492&count=1 (Florida Dispute Resolution Center 2006)

http://secure.cartsvr.net/catalogs/index.asp?category=297776&count=1 (AFCC 2006)

http://secure.cartsvr.net/catalogs/index.asp?category=291069&count=1 (AFCC 2005)

http://secure.cartsvr.net/catalogs/index.asp?category=287878&count=1 (Florida Dispute Resolution Center 2005)

http://secure.cartsvr.net/catalogs/index.asp?category=281043&count=1 (Florida Mediators 2005)

http://secure.cartsvr.net/catalogs/index.asp?category=277804&count=1 (AFCC 2004);

http://secure.cartsvr.net/catalogs/index.asp?category=277798&count=1 (Florida Dispute Resolution Center 2004);

http://secure.cartsvr.net/catalogs/index.asp?category=277791&count=1 (Florida Mediators 2004)

http://secure.cartsvr.net/catalogs/index.asp?category=277784&count=1 (ACR 2003)

http://secure.cartsvr.net/catalogs/index.asp?category=277781&count=1 (Florida AFCC 2003)

http://secure.cartsvr.net/catalogs/index.asp?category=277771&count=1 (Florida Mediators 2003)

http://secure.cartsvr.net/catalogs/index.asp?category=277766&count=1 (Florida AFCC 2002)

http://secure.cartsvr.net/catalogs/index.asp?category=277761&count=1 (Florida Dispute Resolution Center 2002)

http://secure.cartsvr.net/catalogs/index.asp?category=277746&count=1 (Florida Dispute Resolution Center 2001)

Other ADR Resources:

http://www.cardozo.yu.edu/kukin/ADRResources.asp (ADR resource list, including graduate ADR programs)

http://www.apeacemaker.net(National Conference on Peacemaking and Conflict Resolution)

http://www.igc.apc.org (Conflict Resolution Center International)

http://www.mediate.com (gathering spot for mediators with articles of interest)

http://www.Colorado.EDU/conflict/ (collecting ADR resources)

http://www.cpradr.org/(Center for Public Resources)

http://www.adrworld.com/ (source of news about use of ADR, court decisions, legislative and rule development)

http://www.caadrs.org/index.htm (source of research about ADR)

http://www.emu.edu/ctp/contact.html (Eastern Mennonite peace building program)

http://www.hamline.edu/law/adr/index.html (Hamline webpage with links to ethics video clips and mediation case law project)

http://www.ictj.org/en/index.html (International Center for Transitional Justice)

http://www.josseybass.com/WileyCDA/Section/id-131471.html (publisher’s list of ADR books)

http://www.nccusl.org/Update/ (site for drafts and final version of Uniform Mediation Act; legislative adoption information)

http://www.ncsconline.org/WC/Publications/ADR/SearchState.asp (National Center for State Courts database on state court ADR programs – data may not be current)

http://www.pon.harvard.edu/ (Program on Negotiation – Harvard Law School; has training videos (mostly dated) and role-plays)

http://law.missouri.edu/llm/ (LL.M. program at University of Missouri)

Third-Party Providers:

http://www.jamsadr.com (a dispute resolution organization)

http://www.adr.org/ (American Arbitration Association)

http://www.arb-forum.com (National Arbitration Forum)

http://www.dr.bbb.org/ (Better Business Bureau dispute resolution program)

http://www.mccammongroup.com/ (The McCammon Group – Virginia)

Recommended but Optional Books:

Madelyn Burley-Allen, Listening: The Forgotten Skill (John Wiley & Sons 1995).

Robert A. Baruch Bush & Joseph P. Folger, The Promise of Mediation: The Transformative Approach to Conflict (Jossey-Bass 2005).

David Bowling & David Hoffman, Bringing Peace into the Room: How the Personal Qualities of the Mediator Impact the Process of Conflict Resolution (Jossey-Bass 2003).

Kenneth Cloke, Resolving Personal and Organizational Conflict (Jossey-Bass 2000).

Kenneth Cloke, The Crossroads of Conflict: A Journey into the Heart of Dispute Resolution (Janis 2006).

Any other book by Ken Cloke (my hero).

William Eddy, High Conflict People in Legal Disputes (Janis Pub. 2006).

Roger Fisher & Daniel Shapiro, Beyond Reason: Using Emotions as You Negotiate (Viking Adult 2005).

Dwight Golann & Jay Folberg, Mediation: The Roles of Advocate and Neutral (Aspen  2006).

Daniel Goleman, Emotional Intelligence: Why it can Matter More than IQ (Bantam Books 1997)

Daniel Goleman, Destructive Emotions: How can we Overcome Them? (Bantam Books 2003).

Daniel Goleman, Healing Emotions: Conversations with the Dalai Lama on Mindfulness, Emotions, and Health (Bantam Books 2003).

Jon Kabat-Zinn, Wherever You Go There You Are (Hyperion1994).

Robert Karen, The Forgiving Self: The Road from Resentment to Connection (Anchor Books 2001).

Deborah M. Kolb & Judith Williams, The Shadow Negotiation: How Women can Master the Hidden Agendas that Determine Bargaining Success (Simon & Schuster 2000).

J. Kottler, Beyond Blame: A New Way of Resolving Conflicts in Relationships (1994).

M. Lang & A. Taylor, The Making of a Mediator: Developing Artistry in Practice (Jossey-Bass 2000).

Catherine A. MacDonagh & Beth M. Cuzzone, The Law Firm Associate’s Guide to Personal Marketing and Selling Skills (2007).

Bernard Mayer, The Dynamics of Conflict: A Practitioner’s Guide (Jossey-Bass 2000).

Michael L. Moffit & Robert C. Bordone, The Handbook of Dispute Resolution (Jossey-Bass 2005).

Christopher W. Moore, The Mediation Process: Practical Strategies for Resolving Conflict (Jossey-Bass 2d ed. 1996)(creator of the Circle of Conflict).

Andrea Schneider & Christopher Honeyman, The Negotiator’s Fieldbook (ABA 2006).

G. Richard Shell, Bargaining for Advantage: Negotiation Strategies for Reasonable People (Penguin Books 2000).

Mark S. Umbreit, The Handbook of Victim Offender Mediation: An Essential Guide to Practice and Research (Jossey-Bass 2001).

William Ury, Getting Past No: Negotiating your Way from Confrontation to Cooperation (Bantam Book 1993).

John Winslade & Gerald Monk, Narrative Mediation: A New Approach to Conflict Resolution (Jossey-Bass 2000).

 


Certified Civil Mediation
Spring 2008
Confidentiality Agreement

In an effort to create a safe and open environment for the discussion of sensitive personal information that is part of the curriculum of the course, the following parties agree that what is said in the classroom stays in the classroom.

However, information relating to any alleged violation of the honor code of the Appalachian School of Law will not be subject to this agreement.

______________________

Professor Paula M. Young

______________________

______________________

______________________

______________________

______________________

______________________

______________________

______________________

______________________

______________________

______________________

______________________

______________________

______________________

 


MEDIATOR EVALUATION FORM

An important part of the mediation process for the mediator is to hear from the parties about how well the mediator conducted the mediation.  Your comments will help me evaluate my skills, techniques, areas of strength, and the areas in which I need to improve.  Your feedback is very important to me.  Please be as honest and candid as possible.

You may respond confidentially and, in any event, I will keep your evaluation confidential from third parties, unless the Virginia Department of Dispute Resolution Services requests additional information about my competency as a mediator.  In that event, I will do my best to keep confidential your names and addresses.  

In the agreement to mediate, I asked you to also indicate if I could use your comments in the materials I use to inform other parties about mediation and my practice.  Please let me know if you agree to let me use your comments in that way, so long as I do not reveal your name or other identifying information and make only general references to the dispute (i.e. “in a small claims mediation….”)

Agree______    Do not agree _____ 

Case Name (optional):___________________________________________________

Docket No. (optional) ___________________

Your Name (optional):___________________________________________________

___      Time mediation began     ___         Time mediation ended

Outcome of Mediation:

____   Signed agreement

____   Partial Agreement

____   Agreement to continue at later date

____   Referred to court or arbitration for resolution 

____   Other outcome

Please rate my effectiveness as a mediator for each of the categories listed below, using a ranking from 1-5:

Poor (1), Below Average (2), Average (3), Above Average (4), and Excellent (5).

MEDIATION PROCEDURES:

I.   Setting the Stage

                  ___  Use of seating arrangement to promote communication

   ___  Greeting the parties: introductions to establish supportive non-judgmental and professional atmosphere

   ___  Advising parties of the location of phones, bathrooms, beverages and other amenities

II.   Orientation

                  ___  Explaining the mediation process and the roles of the parties and mediator

   ___  Establishing rapport with the parties

   ___  Explanation of confidentiality

   ___  Explanation of caucus and time limits

   ___  Setting the ground rules, if appropriate

   ___  Response to parties’ questions

   ___  Signing the Agreement to Mediate

III.   Fact Finding

                  ___  Actively listened to each party

   ___  Clarified parties’ stories with questions and paraphrasing

   ___  Reflected feelings back to the parties. Allowed reasonable venting of emotions.

   ___  Considered sources of conflict/impasse. Discussed an appropriate intervention.

         -   Data

         -   Relationship

         -   Interests

         -   Structural

         -   Value

   ___  Considered the existence of an identity quake

         -   Am I Competent?

         -   Am I Worthy of Love?

         -   Am I a Good Person

   ___  Made use of notes and/or flip chart

   ___  Asked questions in balanced way

   ___  Reframed attacks and disparaging comments into positive need statements

   ___  Validated disputants’ efforts

   ___  Paraphrased stories and checked to see if parties were satisfied with mediator’s understanding of their story

   ___  Heard and presented common concerns

   ___  Thanked parties for their contribution

   ___  Suggested the use of a caucus (if appropriate)

IV.   Options for Settlement

                  ___  Used brainstorming

   ___  Helped disputants to hear each other’s perceptions

   ___  Summarized or clarified areas of agreement and disagreement

   ___  Encouraged parties to negotiate

   ___  Suggested the use of a caucus (if appropriate)

   ___  Reframed or restated options or proposals

   ___  Narrowed and summarized options

   ___  Clarified and validated feelings

   ___  Encouraged and aided in risk analysis

   ___  Suggested second session if appropriate to the number of issues

V.   Reaching an Agreement

                  ___  Encouraged the selection of alternatives which appeared to be workable by both parties

   ___  Checked workability; asked specific details such as who, what, when, where, how?

   ___  Assisted the parties in planning the implementation of the agreement

   ___  Verbally summarized specific terms agreed to by the parties; summarized terms in written form

   ___  Checked notes to be sure that no issues were left out

VI.   Conclusion and Closure

                  ___  Recognition of the parties’ effort; commended them for trying to resolve their dispute

   ___  Gave information about any follow-up and referrals (if appropriate)

   ___  Discussed appropriate next step

   ___  Invited parties to use mediation again

VII.   Essential Skills

                  ___  Maintained balance towards parties

   ___  Did not give own view on the issue(s)

   ___  Respected each person’s perspective

   ___  Did not judge right or wrong concerning the issue(s)

   ___  Was sensitive to issues of power and responded appropriately

   ___  Remained patient with all parties

   ___  Used clear language and appropriate word choice

   ___  Generated a climate of cooperation

   ___  Controlled session without domination

   ___  Used appropriate body language and non-verbal cues

   ___  Validated and encouraged the parties throughout the process

Skills mediator may wish to improve:

Other comments:

Thanks again for your feedback.


Certified Civil Mediation
Spring 2008
Class Assignments

MODULE ONE: UNDERSTANDING CONFLICT IN MEDIATION

Class 1:
(First 50 minutes)
Introductions, discussion of course syllabus and expectations about course. Quiz 1 on assigned readings (to be done in groups of three students.) Discussion of the cycle of learning and the five levels of dispute resolution. Discussion of core values of mediation.

Reading: Blessed are the Peacemakers: How I’ve Been Transformed by Mediation Training, MO. LAWYERS WEEKLY 11 (April 10, 2000); Qualities of a Good Mediator and the Lessons New Mediators Learn, ST. LOUIS LAWYER, Aug. 7, 2002 at 10A; Consciously Incompetent: A Mediator’s Cycle of Learning, ST. LOUIS LAWYER, Dec. 3, 2003, at 16A.

(Second 50 minutes) Discussion of Chapter 1 from Robert A. Baruch Bush & Joseph P. Folger, The Promise of Mediation (2d ed. 2005)(handout in your boxes). Discussion will focus on the Satisfaction Story, the Social Justice Story, the Transformative Story, and the Oppression Story.

Class 2:
Understanding Conflict: The “What Happened” Conversation.

Reading:
-    Stone, et al., DIFFICULT CONVERSATIONS, pp. vii- 43; Module 1 Supplemental Materials, pp. 1- 24.

Classroom Work:
-    Quiz 2 on assigned readings.
-    Certification Requirements (check TWEN site for website references for your state)
-    Perceptual filter test.
-    Video: The Dick Van Dyke Show: Night the Roof Fell In
-    Discussion of “truth,” perspectives, role of party stories.

Remember to sign up for TWEN virtual classroom.

Class 3:
Understanding Conflict: The “What Happened” Conversation (continued).

Reading:
-    Stone, et al., DIFFICULT CONVERSATIONS, pp. 44- 82;
-    Supplemental Materials, pp. 25- 42.

Classroom Work:
-    Quiz 3 on assigned readings.
-    Discussion of attribution bias
     o    Intentions vs. Impact
     -    Videos:
           o    Everybody Loves Raymond: Wallpaper
-    Discussion of blame
-    Discussion of acknowledging contribution to the conflict.

Class 4:
Understanding Conflict: The Feelings Conversation; Emotional Intelligence.

Reading:
-    Stone, et al., DIFFICULT CONVERSATIONS, pp. 83-108.
-    Bennet & Herman, THE ART OF MEDIATION, Red Edition pp. 76-81.
-    Supplemental Materials, pp. 43-65

Classroom Work:
-    Quiz 4 on assigned readings.
-    Professor in the “Hot Seat”
-    Discussion of our emotional footprints.
-    Discussion of the role of emotion in conflicts and why the legal profession tends to ignore this aspect of conflict.
-    Video: Save the Last Dance (Understanding-Based Model with Attorneys)

Class 5:
Understanding Conflict: The Identity Conversation.

Reading:
-    Stone, et al., DIFFICULT CONVERSATIONS, pp. 112-128
-    Supplemental Materials, pp. 66-68.

Classroom Work:
-    Quiz 5 on assigned readings.
-    Discussion of the following:
     o    Three Core Identities: Am I Competent? Am I a Good Person? Am I Worthy of Love?
     o    Identity Quakes
     o    All or Nothing Syndrome
     o    Ground your identity
     o    Recognize their identity is at stake, too.
     o    Raise identity issues explicitly
     o    Find the courage to ask for help
-    Video: Everybody Loves Raymond: Driving Frank
-    Video: Save the Last Dance (if time)

Class 6:
Understanding Conflict – Creating a Learning Conversation - When to Raise it and When to Let it Go.

Reading:
-    Stone, et al., DIFFICULT CONVERSATIONS, pp. 131-146;
-    Supplemental Materials, pp. 69.

-    Read one Difficult Conversations paper posted on TWEN.

     o    Be prepared to discuss it in class using the Difficult Conversations outlines.

Classroom Work:
-    Quiz 6: Turn in outline of the TWEN Difficult Conversation you analyzed.
-    Discussion of the following:
     o    Should you have had the conversation?
     o    If so, how can you/a party do it differently?
-    Improvisational Game: “Yes-And” Game

-    Video: Save the Last Dance

Class 7:
Understanding Conflict:  Mediator and Party Personality, Thinking, Behavioral, and Information Processing Styles

Reading:
-    Supplemental Materials, pp. 70-136.

Additional Class Preparation: Complete Myers-Briggs Personality Test at Supplemental Materials, pp. 73-76. Also, identify your enneagram personality test by reading paragraphs A to I in the Supplemental Materials, pp. 112-113. Bring your results to class.

Classroom Work:
-    Discussion of temperament and enneagram types.
-    Discussion of the role of personality types in mediation, including mediator’s personality, parties’ personalities, and attorneys’ personalities.
-    Discussion of other ways to assess cognitive and behavioral styles.
     o    Non-verbal communication.
           -    Madonik’s work
           o    Video: Hitch
     o    Information absorption (learning) styles.
           o    Verbal, visual, aural, oral, tactile, kinestetic
     o    Emergenetics, if we have time.
           o    Supplemental Materials, pp. 132-136
-    Video: Save the Last Dance

MODULE TWO: LEARNING TO MEDIATE

Class 8:
Revisiting Styles of Mediation.

Reading:
-    The Art of Mediation, pp. 10-12 (Major Styles of Mediation).
-    Supplemental Materials, pp. 2-1 to 2-60.
     o    Mediator Style Chart
     o    Mosten Mediator Style Abacus
     o    A Comparison of Left Brain-Mode and Right Brain-Mode Characteristics
     o    David Hoffman, Paradoxes of Mediation, BRINGING PEACE INTO THE ROOM: HOW THE PERSONAL QUALITIES OF THE MEDIATOR IMPACT THE PROCESS OF CONFLICT RESOLUTION 167-81 (Jossey-Bass 2005).
     o    Paula M. Young, The Who of Mediation – Part I: A New Look at Mediator “Styles,” ST. LOUIS LAW. (Oct. 2004).
     o    Leonard L. Riskin, Replacing the Mediator Orientation Grids, Again: Proposing a “‘New New Grid System’", 23 ALT. TO HIGH COST OF LITIG. 127 (Sept. 2005).
     o    Meta-Process grids
     o    Toran Hansen, The Narrative Approach to Mediation, http://www.mediate.com/pfriendly.cfm?id+1366.
     o    Gary Friedman & Jack Himmelstein, The Understanding-Based Model of Mediation, The Center for Mediation in Law (2004).
     o    Evaluation in Mediation in Virginia.
     o    Risks of More Evaluative Interventions
     o    What Mediator Questions May Reveal About his/her Style: Facilitative vs. Evaluative
     o    Information about Donald Saposnek & John Haynes  (mediators in Case of Willie)
           -    Donald Saposnek Bio
           -    John Haynes Bio
           -    Excerpt from JOHN HAYNES, MEDIATING DIVORCE: CASEBOOK OF STRATEGIES FOR SUCCESSFUL FAMILY NEGOTIATIONS 50 (Jossey-Bass 1989).
     o    Breach of Warranty Guided Note-taking (Facilitative Model with Attorneys)
     o    Termination Tempest Guided Note-taking (Facilitative Model with Attorneys)
     o    Purple House Guided Note-taking (Transformative Model without Attorneys)

Classroom Work:
-    Short lecture on Riskin grids.
-    Child custody mediation demonstrations by Saposnek and Haynes in video called Case of Willie; discussion of styles displayed in video.
-    Zimmerman v. Zimmerman (highly evaluative style) http://www.hamline.edu/law/adr/Mediation_Case_Law_Project/mediation_case_law_videos.html.
-    Video: Save the Last Dance

Class 9:
Stages of Mediation: Convening-Intake & Agreements to Mediate.

Readings:
-    Bennet & Herman, THE ART OF MEDIATION, pp. 25-39 & 211-30.
-    Mosten, “Building Your Career as Mediator,” MEDIATION CAREER GUIDE, pp. 151-69 (Managing Your Practice – Intake).
-    Mosten’s Conflict Wellness and Legal Health Checklist, pp. 278-79.
-    Supplemental Materials, pp. 2-61 to 2-106.
     o    Mediation Process: Stages of Mediation
     o    Confidential Information Sheet
     o    Sample Pre-Mediation Brief: Confidential Summary to Mediator
     o    Assignments for Analysis of Agreements to Mediate, SM pp. 2-88 to 2-89.
     o    Instructions for Analysis of Agreements to Mediate, SM pp. 2-90.
     o    My Agreement to Mediate, SM pp. 2-91 to 2-96.
     o    The McCammon Group Agreement to Mediate, SM pp. 2-97 to 2-98.
     o    Mosten Agreement to Mediate, SM pp.2-99 to 2-104.
     o    Sample Mediation Ground Rules
     o    Scenarios Relating to Attendance of Persons who are not the Parties to the Mediation
-    Ethics Packet, pp. E-1 to E-36.

Additional Class Preparation:
-    Check class discussion assignments in Supplemental Materials, pp. 2-88 to 2-89.
-    Analyze the three agreements to mediate according to the instructions appearing at the Supplemental Materials, p. 2-90. Worth 50 points.
If you will be returning to another state, please check the website citations at pages 8-11 of the syllabus and Appendix A to the class assignments. You will complete the agreement review in accordance with the ethical rules of the state to which you plan to return.

Classroom Work:
-    Discussion of court-annexed mediation programs and their referral process.
-    De-brief mediation contract analysis
-    De-brief scenarios at Supplemental Materials, p. 2-106.
-    Video: Save the Last Dance

Class 10:
Communication Skills.

Reading:
-    Bennet & Herman, THE ART OF MEDIATION, pp. 86-89.
-    Module 2 Supplemental Materials, pp. 2-114 to 2-125.
-    Mosten, “Building Your Career as Mediator,” MEDIATION CAREER GUIDE, pp. 75-107 (Creating your Mediation Signature).

Class Room Work:
-    Turn in Guided Note-Taking for First Video
-    Discussion of essential components of good listening skills.
-    Exercises designed to highlight listening skills:
     o    ABC Listening Exercise
     o    Stairwell Accident
     o    The Two-Headed Expert
-    Video: Save the Last Dance

Class 11:
Stages of Mediation – Information Gathering.

Readings:
-    Bennet & Herman, THE ART OF MEDIATION, pp. 39-45, 90-107, & 201-06
-    Module 2 Supplemental Materials, pp. 2-126 to 2-137.

Classroom Work:
-    Quiz 7: Complete Guided Note-Taking for class.
-    Discussion of questioning techniques.
-    Discussion of proper note-taking skills.
-    Fishbowl role-play: Takisha and Marie with focus on gathering information.
-    Student role-play: Cross v. Roper landlord/tenant dispute
     o    De-briefing by coaches and students.

Class 12:
Stages of Mediation – Issue and Interest Identification.

Readings:
-    Bennet & Herman, THE ART OF MEDIATION,pp. 45-48, 112-14, 196.
-    Module 2 Supplemental Materials, pp. 2-138 to 2-138B.

Classroom Work:
-    Quiz 8: Complete Guided Note-Taking for class.
-    Fishbowl role-play: Takisha and Marie (cont.) with focus on identifying issues and interests.
-    Student role-play: Cross v. Roper landlord/tenant dispute
     o    De-briefing by coaches and students.

Class 13:
Stages of Mediation – Issue and Interest Identification (cont.)

Readings:
-    Mosten, “Building Your Career as Mediator,” MEDIATION CAREER GUIDE, pp. 108-22 (Creating a Mediation Friendly Environment).

Classroom Work:
-    Fishbowl role-play: Takisha and Marie (cont.) with focus on identifying issues and interests.
-    Student role-play: Cross v. Roper landlord/tenant dispute
     o    De-briefing by coaches and students.

Class 14:
Stages of Mediation – Setting the Agenda, Resolving Issues, Generating Movement.

Readings:
-    Bennet & Herman, THE ART OF MEDIATION, pp. 21-22, 48-57, 102-04, 197-200.
-    Module 2 Supplemental Materials, pp. 2-139 to 2-152.
-    Mosten, “Building Your Career as Mediator,” MEDIATION CAREER GUIDE, pp. 133-150 (Strategic Planning and Investing in Yourself).

Classroom Work:
-    Lecture on Zumeta reframing technique.
-    Reframing exercises using landlord tenant dispute.
-    Discussion: Structuring the agenda and sequencing issue consideration.
     o    Sequencing exercise.

Class 15:
Stages of Mediation – Caucusing

Readings:
-    Bennet & Herman, THE ART OF MEDIATION, pp. 60-63.
-    Module 2 Supplemental Materials, pp. 2-153 to 2-154.
-    Mosten, “Building Your Career as Mediator,” MEDIATION CAREER GUIDE, pp. 170-83 (Marketing Your Practice Effectively).

Classroom Work:
-    Turn in Guided Note-taking for Second Video
-    Discussion of when, why and whether to caucus (framing the debate over caucus).
     o    Riskin Meta-Process: Use of Caucus
-    Discussion of executing the first and second caucuses.
-    Fishbowl role-play: Takisha and Marie (cont.) with focus on caucus.
-    Video: Statewide Grievance Committee v. Kennelly at http://www.hamline.edu/law/adr/Mediation_Case_Law_Project/mediation_case_law_videos.html.
-    Student role-play:  Cross v. Roper landlord/tenant dispute
     o    De-briefing by coaches and students.

Class 16:
Stages of Mediation - Breaking Impasse with Master Moves.

Readings:
-    Bennet & Herman, THE ART OF MEDIATION, pp. 57-59.
-    Module 2 Supplemental Materials, pp. 2-155 to 2-184B.

Additional Classroom Preparation:
-    Complete Decision Tree problems for next class (Supp. Mat. at 2-184A to 2-184B). Be sure to bring a draft of your answers to Class 16, but I will give you an extra class to put them in final form. Worth 50 points.

Classroom Work:
-    Mediator’s Proposals
     o    Video: Breach of Warranty
-    Safety Deposit Box demonstration.
-    Discussion of decision tree problems.

Class 17:
Stages of Mediation – Reviewing and Drafting the Final Agreement; Self-Evaluation; Client-Evaluation.

Readings:
-    Bennet & Herman, THE ART OF MEDIATION, pp. 64-70, 141-42, 185 (Standard XI), 231-34.
-    Module 2 Supplemental Materials, pp. 2-185 to 2-193.
-    Ethics Packet.
     -    Va. Code. §§ 2.2-4115 to 2.2-4119 and §§ 8.01-576.108.01-576.12

Class Handouts:
-    Virginia Judgment Forms

Classroom Work:
-    Turn in final draft of Decision Tree problems.
-    Discussion of concluding the mediation without an agreement.
-    Drafting the agreement (ethical considerations).
-    Spotting drafting errors.
-    Video: Ledbetter v. Ledbetter at http://www.hamline.edu/law/adr/Mediation_Case_Law_Project/mediation_case_law_videos.html.

MODULE THREE: ADVANCED TOPICS IN MEDIATION

Class 18:
Ethical Issues – Relevant State Statutes, Codes and Other Practice Guidelines.

Readings:
-    Bennet & Herman, THE ART OF MEDIATION, pp. 123, 137-42 & 159-166 (Revised Model Standards).
-    Ethics Packet, pp. E-11 to E-36.

Classroom Work:
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Class 19:
Core Values - Party-Self Determination.

Readings:
-    Module 3 Supplemental Materials
     o    Excerpt from Paula M. Young, Rejoice! Rejoice! Rejoice, Give Thanks, and Sing: ABA, ACR and AAA Adopt Revised Model Standards of Conduct for Mediators, 5 APPALACHIAN J. OF L. 195 (2006).
     o    Procedural Justice Factors
     o    Defining High-Quality Consent
     o    Evaluation in Mediation in Virginia
     o    Summary of Vitakis-Valchine v. Valchine, 793 So. 2d 1094 (D. Ct. App. Fla. 4th D. 2001).
     o    John W. Cooley & Lela P. Love, Midstream Mediator Evaluations and Informed Consent, Disp. Resol. Mag., Winter 2008, at 11.
     o    Florida Ethics Grievances
     o    Op. No. 95-002 (Fla. MEAC 1995)
-    Ethics Packet:
     o    Va. Code Section 8.01-576.9
     o    8.01-581.24
     o    Rule 6:2-2.10(b)(4)
     o    Rule 6:2-2.11(a)
     o    SOE E3
     o    SOE E4
     o    SOE F(3)
     o    SOE J

Classroom Work:
-    Fish-bowl role-play based on Vitakis-Valchine v. Valchine, 793 So. 2d 1094 (D. Ct. App. Fla. 4th D. 2001).
     o    Analysis of role-play.
-    Video: In re O.R. v. J.R. at http://www.hamline.edu/law/adr/Mediation_Case_Law_Project/mediation_case_law_videos.html.
-    Discussion of Florida Ethics Grievances
-    Discussion of Op. No. 95-002 (Fla. MEAC 1995)

Class 20:
Core Values - Mediator Impartiality.

Readings:
-    Bennet & Herman, THE ART OF MEDIATION, review pp. 79-81 & Figure 3-1.
-    Module 3 Supplemental Materials
     o    Excerpt from Paula M. Young, Rejoice! Rejoice! Rejoice, Give Thanks, and Sing: ABA, ACR and AAA Adopt Revised Model Standards of Conduct for Mediators, 5 Appalachian J. of L. 195 ( 2006), including Figure 1 (impartiality grid).
     o    Florida Mediator Grievances
-    Ethics Packet:
     o    Va. Code Section 8.01-576.9
     o    8.01-581.24
     o    Rule 6:2-2.10(c)
     o    Rule 6:2-2.10(d)
     o    Rule 6:2-2.10(e)
     o    Rule 6:2-2.10(f)
     o    Rule 6:2-2.10(g)
     o    Standard of Ethics (SOE) F(3)
     o    SOE G(1)
     o    SOE G(2)
     o    SOE G(3)
     o    SOE H(1)
     o    SOE H(2)
     o    SOE H(3)
     o    SOE M(2)
     o    SOE M(3)
     o    SOE J

Additional Class Preparation: Prepare an analysis of the grievance assigned to you.
The grievance analysis counts as Quiz 10 (due class 21).

     -    Grievance 1: Tim
     -    Grievance 2: Brandy
     -    Grievance 3: Marta
     -    Grievance 4: Eric
     -    Grievance 5: Janet
     -    Grievance 6: Wade
     -    Grievance 7: Tony

Classroom Work:
-    Video: Kline v. Berg Drywall, Inc. at http://www.hamline.edu/law/adr/Mediation_Case_Law_Project/mediation_case_law_videos.html.
-    Discussion of impartiality grid.
-    Discuss grievances assigned to each student.

Class 20:
Core Values - Confidentiality

Readings:
-    Bennet & Herman, THE ART OF MEDIATION, pp. 124-25 & 169-176 (UMA).
-    Supplemental Materials
     o    Excerpt from Paula M. Young, Rejoice! Rejoice! Rejoice, Give Thanks, and Sing: ABA, ACR and AAA Adopt Revised Model Standards of Conduct for Mediators, 5 Appalachian J. of L. 195 (2006).
     o    Uniform Mediation Act: Outline of Issues
     o    Mediation Confidentiality Worksheet (2 copies)
     o    Mediation Confidentiality Exercises
-    Ethics Packet:
     o    Va. Code Section 8.01-576.9
     o    8.01-576.10
     o    8.01-581.22
     o    8.01-581.24
     o    Rule 6:2-2.10(f)
     o    SOE I(1)
     o    SOE I(2)
     o    SOE I(3)

Additional Class Preparation: Complete draft of Mediation Confidentiality Worksheet for the scenario assigned to you using the Virginia statutes, rules, and SOEs. Repeat the analysis using the UMA, the text of which appears at 169-176 of the Bennet & Herman text.  Complete them as individuals, even if a scenario is assigned to two students. Worth 50 points.
     -    Scenario 2: Tony
     -    Scenario 3: Tim
     -    Scenario 4: Marta
     -    Scenario 5: Janet
     -    Scenario 6: Wade
     -    Scenario 7: Brandy
     -    Scenario 8: Eric

Classroom Work:
-    Discussion of confidentiality under the UMA and the VA statute.
-    Discussion of scenarios.
-    Video: Rojas v. Los Angeles County Sup. Ct. at http://www.hamline.edu/law/adr/Mediation_Case_Law_Project/mediation_case_law_videos.html.
-    Video: State v. Williams, at id.

Wednesday, March 26, 9:00 a.m.:
Stages of Mediation: Opening Statement.

Readings:
-    Bennet & Herman, THE ART OF MEDIATION, pp. 33-39, 144-51.
-    Module 2 Supplemental Materials.
     o    Criteria for Selecting Cases for Mediation
     o    Confidential Information Sheet
     o    Mediation Prep List
     o    Opening Statement Considerations
     o    Orientation Checklist
     o    Mediator’s Opening Orientation for the Parties
     o    Roles of the Mediator
     o    Stages of Mediation (a reminder)
     o    Agreement to Mediate (a sample)
     o    Professional Bio (a sample)
     o    Sample Mediation Ground Rules
     o    Teaching Materials
-    Mosten, “Building Your Career as Mediator,” MEDIATION CAREER GUIDE, pp. 125-132 (Setting up Your Office).

Classroom Work:
-    Discussion of first contacts with parties, rapport building, intake, and first moments of mediation.
-    Discussion of the components of the opening statement.
-    Fishbowl role-play focused on opening statement.
     o    Failing Father
-    Video: Uniform Mediation Act opening statement at http://www.hamline.edu/law/adr/Mediation_Case_Law_Project/mediation_case_law_videos.html.
-    Review of Teaching Materials
-    Student Role-play: Cross v. Roper landlord/tenant dispute
     o    Delivering the opening statement.
           -    De-briefing by coaches and students

Class 23:
Co-mediation and Multi-Party Disputes

Readings:
-    Bennet & Herman, THE ART OF MEDIATION, pp. review 121-23, 136-37.
-    Module 3 Supplemental Materials, pp. 3-67 to 3-86.
     o    Co-Mediation
     o    Lela P. Love & Joseph B. Stulberg, Practice Guidelines for Co-Mediation: Making Certain “Two Heads are Better than One,” MEDIATION Q. 179 (Spring 1996).
     o    Carol B. Liebman, Mediation as Parallel Seminars: Lessons from the Student Takeover of Columbia University’s Hamilton Hall, 16 NEG. J. 157 (April 2000).

Classroom Work:
-    Discussion of co-mediation

Outside Classroom Work:
-    Role-play involving multi-party co-mediation:  The School and the Shelter.

Class 24:
Ethical Issues – Relevant State Statutes, Codes and Other Practice Guidelines.

Readings:
-    Supplemental Materials, pp. 3-66
-    Ethics Packet, pp. E-4 to E-9; E-11 to E-36.

Additional Class Preparation:
-    Be prepared to discuss possible responses to the ethical dilemmas set out at Supp. Materials 3-66. (If you will be returning to another state, please check the website citations at pages 8-11 of the syllabus and Appendix A to the class assignments. You will complete your assigned scenarios in accordance with the ethical rules of the state to which you plan to return.)

Classroom Work:
-    Discussion of ethical dilemmas.
-    Video: Emerson v. Commissioner of Internal Revenue at http://www.hamline.edu/law/adr/Mediation_Case_Law_Project/mediation_case_law_videos.html.
-    Virginia SOE Jeopardy? I will put you into three teams. The first team to guess the correct question to the ethics jeopardy answer gets Monopoly money. The team with the most money at the end of the game will win prizes. So, study your Virginia SOEs.

Class 25:
Power Imbalances.

Readings:
-    Bennet & Herman, THE ART OF MEDIATION, pp. 19 (fostering fairness), 116-20, 139-40 (appropriateness for mediation), & 195.
-    Module 3 Supplemental Readings
     o    Negotiating Power
     o    Sources of Power
     o    Ending the Mediation
     o    Nancy Ver Steegh & Kelly Brown Olson, Yes, No, and Maybe: Informed Decision Making About Divorce Mediation in the Presence of Domestic Violence, ABA Section of Disp. Resol. Conf. Program C10 (2004)
     o    Clare Dalton & Nancy Ver Steegh, Report from the Wingspread Conference on Domestic Violence and Family Courts (April 2008)
     o    State of Michigan Domestic Violence Screening for Referral to Mediation
     o    State of Michigan: Mediating when Domestic Violence/Control Exists
     o    State of Georgia: Mediating in Cases Involving Domestic Violence (April 6, 1995)
     o    Trina Grillo, The Mediation Alternative: Process Dangers for Women, 100 YALE L. J. 1545 (1991)
     o    Citations: Gender in Mediation (through 2001)
-    Ethics Packet:
     o    Va. Code Section 8.01-576.12
     o    SOE E3
     o    SOE J
     o    SOE L(2)

Classroom Work:
-    Distribution of race or culture article for Class 26 analysis.
-    Discussion of sources of power and power balancing issues.
-    Discussion of ethical duty, if any, to balance power or deal with lop-sided agreements.
-    Discussion of domestic violence as issue in mediation

Class 26:
Race & Culture

Readings:
-    Bennet & Herman, THE ART OF MEDIATION, pp. 121-23.
-    Module 3 Supplemental Materials, 3-119 to 3-119A.
-    You will not be responsible for all these readings. See assignments below. I’ll hand your assigned article out in Class 25.
-    You need to complete the article outline (attached). Worth 50 points.

Race:
-    Marta & Eric: Isabelle R. Gunning, Diversity Issues in Mediation: Controlling Negative Cultural Myths, 1995 J. DISP. RESOL. 55 (1995);
-    Janet & Tony: Cynthia R. Mabry, African Americans “Are not Carbon Copies” of White Americans – The Role of African American Culture in Mediation of Family Disputes, 13 OHIO STATE J. ON DISP. RESOL. 405 (1998).

Other Cultures:
-    Tim: Jayne Seminare Docherty, Culture and Negotiation: Symmetrical Anthropology for Negotiators” 87 MARQ. L. REV. 711 (2004).
-    Brandy: William L. Ury, Conflict Resolution Among the Bushmen: Lessons in Dispute Systems Design, 11 NEG. J. 379 (1995).
-    Wade: Kenneth Cloke, Politics and Values in Mediation: The Chinese Experience, 17 MEDIATION Q. 69 (1987).

Classroom work:
-    Discussion of materials according to student assignments.

Class 27:
Wrap-Up

Readings:
-    Module 3 Supplemental Materials, pp. 3-124 to 3-134
-    Mosten, “Building Your Career as Mediator,” MEDIATION CAREER GUIDE, p. 283 (peacemaker pledge).

Classroom Work:
-    Video: A Feud is a Feud
-    Video: The Wedding Crashers


Copyright 2008 Paula M Young. Teachers are free to copy these materials for educational use in their courses only, provided that appropriate acknowledgment of the author is made. For permission to use these materials for any other purpose, contact the author.