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Friday, January 3, 2003 8:45 a.m.-5:30 p.m.
Annual Meeting Workshop on Dispute Resolution:
Raising the Bar and Enlarging the Canon
Concurrent Session: Mediation Advocacy
Mediation Representation as Part
of an ADR Survey Course
Dwight Golann
Suffolk University
 
- How to allocate time in a large ADR survey course?
- Must teach negotiation and mediation as a foundation, and also cover other ADR
- In classes of 50+ students, roleplaying is still feasible, especially with a TA. Individual critiques of performances, however, are impossible. I rely instead on reports of outcomes and short strategy and reflective papers.
- My time allocation: 5 weeks negotiation, 4 weeks mediation, 1 week arbitration, 1 week hybrids and system design, 2 weeks (Negotiating Through a Mediator)
- I don't call it "advocacy," since mediation is almost entirely assisted negotiation
- Question: Should this topic receive more attention?
- What overall themes?
- Reject the (potted plant( and (all-powerful surgeon( images of a mediator.
- Mediators have power over the process and do influence the outcome. They add cost and complication to bargaining, but also value -- if properly used.
- Mediators can be your helper, but are not usually your (ally.( You are often in a three-sided negotiation: with the other side(s) and with the mediator.
- Your task: To harness the mediator(s power to advance your objectives.
- You should be appropriately cooperative, but it(s an attitude, not the only goal.
- Key questions:
- What can the mediator do to assist my bargaining strategy in this case?
- How can I most effectively enlist the neutral=s aid?
- Which teaching techniques?
- Give students a theoretical structure (lecture assisted by slides)
2.
- Show them (best practices( (videos of experienced lawyers in mediation)
3.
- Make them think about choices (ask for strategy and reflective memos)
- Have them practice and debrief the experience (roleplay)
- What resources?
- Existing videos almost all focus on mediator skills, not representation
- Roleplays tend to focus on relationship repair, not money claims.
- One option: (Representing Clients in Mediation.( (get the (Teacher(s Cut( version, which omits my mini-lectures), with transcript, outlines, roleplay. Call 800-285-2221 or go to www.abanet.cor/cle. Ask for (VOORCME(
- Realistic mediator-focused videos: (Mediators at Work: Breach of Warranty?( and (A Case of Discrimination?( from the Harvard Program on Negotiation.
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