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Mediation

Mediation. Class 1. Administrative. Give quiz Have journals to return Have negotiation exercises to return. Review. Difficult Conversations Getting to Yes. The Sick Leave Dispute. What are the “legitimate” interests of the employees? What are the “legitimate” interests of the town?

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Mediation

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  1. Mediation Class 1

  2. Administrative • Give quiz • Have journals to return • Have negotiation exercises to return

  3. Review • Difficult Conversations • Getting to Yes

  4. The Sick Leave Dispute • What are the “legitimate” interests of the employees? • What are the “legitimate” interests of the town? • How might those legitimate interests be accommodated?

  5. Today • Definition of Mediation • What do Mediators do? • Factors that Shape Whether Mediation Occurs • Mediators and Impartiality

  6. I. Definition of Mediation • Definition? • How can mediation help parties resolve conflict? • Any problems with relying on mediation?

  7. II. What Do Mediators Do? • Often deal with parties separately • Identifying underlying interests • Encouraging creativity in creating solutions • Helping identify standards to assess outcomes • Making recommendations • Importance of timing

  8. III. Factors that Shape Whether Mediation Occurs • Norms • Expected benefits • Improved payoff from the outcome • Reduced costs • Quicker resolution • How frequently does mediation produce settlements?

  9. IV. Mediators and Impartiality • Controversy • Should mediator be strictly impartial or try to favor the party in the weaker position? • Impact of pure impartiality? • Impact of favoring the weaker party?

  10. Next Time • Mediation Outcomes • Mediation and Unreasonable People • Mediation in the World Today

  11. Mediation Class 2

  12. Administrative • Return quizzes at end of class • Everybody know where we are and what we are doing?

  13. Review • The legitimate interests of the parties in the sick leave dispute • Definition of mediation • What do mediators actually do? • Factors that shape if mediation occurs • Mediators and impartiality

  14. Today • Mediation Outcomes • Mediation and Unreasonable People • Mediation in the World Today • Exercise

  15. I. Mediation Outcomes • Parties seem to gain satisfaction from the mediation process as well as the outcome • Parties seem to value the speed and low cost • Parties value that the agreements are tailored to their needs and interests • Are single issue or multiple issue conflicts more likely to be mediated successfully?

  16. II. Mediation and Unreasonable People • Is mediation likely to be effective with unreasonable people? • What other techniques are available to deal with people who seem unreasonable?

  17. III. Mediation in the World Today • Sant’Egidio Community • The Vatican • Various other religiously-based groups • Alternative to trials • Mediation of minor criminal matters

  18. IV. Exercise • Hand out materials • Choose teams • Negotiate • Discuss outcomes

  19. Next Time • Begin unit on arbitration

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