MEDIATION SKILLS - Hamline Law

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This course is designed to: 1) increase your understanding of mediation theory and practice; 2) improve your skills in listening, questioning, problem-solving, persuasion, and professional judgment that are necessary for effective participation mediation; and 3) encourage active reflection on your work in dispute resolution (as a representative of parties in conflict, or as a neutral intervener). My Biases I want to reiterate up front my personal biases so you can understand the filter through which I deliver information in class: I believe that mediation (in its many varied forms) is valuable and vital. The potential for fundamental and positive transformation of conflict management is very real (and not just for the "docket management" reasons that so appeal to judges and court administrators). That said, I remain troubled and challenged philosophically by the "left" critique that mediation is but another attack on the activist state and progressive courts -- another form of potentially dangerous deregulation -- one that “permits private actors with powerful economic interests to pursue self-interest free of community norms.” 1 I also am deeply suspicious of the notion that “self-determination” alone is a sufficient “prime directive” for an entire movement. How can "self-determination" be a guiding principle for justice in a society plagued with all sorts of inequalities? Finally, in my work representing clients in mediation, I have noticed a significant gap between theory and practice. Regardless of what neutrals say they do, I have often felt that mediation is a forum ripe with manipulation and deception conducted by the mediators themselves (often unintended, but sometimes overtly intentional and defended simply because the conduct facilitates settlement). Notwithstanding my proclaimed biases, I encourage (and expect) a vigorous debate. Your willingness to engage in public discourse on these subjects is critical in making this course a success. Course Requirements Preparation, attendance, and participation are central to learning in any context, especially in courses like this one designed around in-class exercises, simulation, and discussion. Class Participation For your contributions to class discussion, I will be favorably looking to comments that offer unique but relevant perspectives that move the discussion and analysis forward. Effective comments avoid the “I feel” syndrome, and demonstrate recognition of key concepts, with concrete links where possible to assigned reading. 1 McThenia & Shaffer, For Reconciliation, 94 Yale L.J. 1660, 1665 n. 33 (1985). 2
Simulation Participation In order for the exercises to be useful as learning experiences for all students, please make a good faith effort at playing your assigned role as realistically as possible (but always keeping in mind that you will be serving as a mediator too!). In giving feedback to mediators, please be honest and respectful; include positive and negative critique; be specific; relate your feedback to the concepts we are studying. Attendance Policy Attendance at all class sessions is mandatory. Students who successfully complete the course may apply to join the roster of neutrals maintained by the Minnesota Supreme Court. Students are roster eligible ONLY IF they do not miss any part of any class. Grading Your grade will be based on the following three short writing assignments (all due no later than 4:30 p.m. on Friday, August 8th; more specific details about each assignment will be distributed in class): 1) a five (5) page reflection on your experience in one of the concluding mediation simulations of the course; 2) a five (5) page memo to a client about the selection of a mediator and preparation for mediation; and 3) a five (5) page mediation policy analysis. Exceptional class participation (active and constructive contributions to class discussions, role plays and simulations) will earn you a bump up in your grade; exceptionally poor class performance may result in a lowering of your grade. Daily Topics and Reading Assignments (unless otherwise noted, read entire chapters) Tuesday, July 15 Course Introduction; Overview of Conflict and Dispute Settlement Processes; Mediation's "Value-added" Lecture, general discussion, and exercises examining assumptions about dispute settlement, analyzing various dispute settlement methodologies, and exploring the role of mediation within that context. We will examine origins and causes of conflict, conflict transformation, and alternative models of conflict resolution, as well as negotiation and bargaining theory, including principled negotiation and interest-based v. positional bargaining. 3
Page 1: Required Texts MEDIATION Summer 200
Page 5 and 6: Meeting Separately with the Parties

MEDIATION SKILLS - Hamline Law

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