Mediation Class 1

Administrative Give quiz Have negotiation exercises to return Dolphy Day

Review Difficult Conversations Getting to Yes

The Fishermen and Jet Skiers What are the “legitimate” interests of the fishermen? What are the “legitimate” interests of the jet skiers? How might those legitimate interests be accommodated?

Today Definition of Mediation What do Mediators do? Factors that Shape Whether Mediation Occurs Mediators and Impartiality Key Ideas from Today’s Class

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

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

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?

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?

V: Key Ideas from Today’s Class Lack of finality may help make mediation acceptable Mediation is not mostly about making recommendations Mediation results in agreement much of the time Controversies about impartiality

Next Time Mediation Outcomes Mediation and Unreasonable People Mediation in the World Today

Mediation Class 2

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

Review The legitimate interests of the parties in the fishermen and jet skiers dispute Definition of mediation What do mediators actually do? Factors that shape if mediation occurs Mediators and impartiality

Today Mediation Outcomes Mediation and Unreasonable People Mediation in the World Today Exercise Key Ideas from Today’s Class

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?

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?

III. Mediation in the World Today Sant’Egidio Community The Vatican Various other religiously-based groups

III. Mediation in the World Today Alternative to trials Mediation of minor criminal matters Mediation to prevent gun violence

IV. Exercise Hand out materials Choose teams Negotiate Discuss outcomes

V: Key Ideas from Today’s Class Parties tend to express satisfaction with mediation Single issue disputes are more difficult to mediate Unreasonable people versus people with different assumptions Mediation is so powerful it can work with people who are homicidal

Next Time Begin unit on arbitration