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1. Tough crowd
   1. The "Black, Smoking Hole Theory of Litigation
   2. Genghis Khan as a litigator

2. Start with interest-based negotiation
   1. Interests, Options, Criteria, Alternatives
   2. Ostrich Negotiation
   3. Oil Pricing Game
   4. Sally Soprano Negotiation

3. Barriers to unassisted negotiation
   1. Reactive devaluation
      1. Army experiment
   2. Loss aversion
      1. Mug experiment
   3. Judgmental overconfidence
      1. Great Battle of Chalons

4. Mediation
   1. Burning sailboat orientation
   2. Range of processes
   3. Selecting a neutral
   4. Should ADR be used group workshop
   5. Risk analysis
   6. Ethics
   7. Advocacy
   8. Perspectives from a mediator
   9. Diagnostic evaluation of current participant cases
   10. Preparation workshop with clients

5. Roleplay
   1. Professional, full-time mediators
   2. Other side stays in the room
      1. Twice as much learning
      2. Prevents dispersion
      3. Avoid noise
      4. Avoid gamesmanship
   3. Worked well/do differently
   4. Intent/impact
   5. Ask mediator questions
   6. Ask each other questions, in and out of role
   7. Large group debriefing roleplay hazards
   8. Fighting the roleplay
   9. Focus on individual emotional experiences
   10. Time-consuming
   11. Sometimes better just to tell them what they need to know

6. Roleplay advantages
   1. Highest evaluations
   2. Surprisingly close to real life