mediation lesson
TRANSCRIPT
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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.