MEDIATION SKILLS - Hamline Law

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REQUIRED READING MV Chapters 1-3 MPPE Chapters 1-2; Chapter 3 (pp. 91-112) Wednesday, July 16 Overview of the Mediation Process; Mediator Roles, Orientations, & Styles; Opening Statement Introduction to, and overview of, the mediation process, with practical focus on the opening statement. Accumulating Information and Listening Constructively Demonstration and analysis focusing on fact-gathering techniques, note-taking skills, and questioning skills. Interactive exercises will illuminate the task of translating hostile and adversarial communication into building blocks of collaborative dialogue. Required Reading MV Chapters 4-7 MPPE Chapter 3 (pp. 113-134) & Chapter 6 (pp. 213-255) Thursday, July 17 Framing Interests and Issues to Construct the Agenda Lecture and discussion examining the mediator's role in, and responsibility for, identifying, framing and ordering the issues in dispute. Exercises will follow. Diversity, Power and Fairness Discussion, analysis and exercises focusing on interpersonal and communication skills critical to facilitating dialogue in contexts in which issues of cultural, gender and ethnic diversity are pervasive. What role, if any, does the mediator play in "balancing" power? Required Reading MV Chapter 8 MPPE review pp. 213-255 in Chapter 6 (with special attention to pp. 253-255); Chapter 7 (pp. 290-301) Saturday, July 19 Mediator Strategies for Generating Settlement Lecture, discussion, and exercises examining the rationale of various settlement strategies that a mediator can use to move the parties towards agreement. Analysis will highlight persuasive techniques for moving parties from impasse to settlement. 4
Meeting Separately with the Parties Examination of the purposes and strategies of meeting in caucus sessions with the parties. Participants will assume either the mediator's or a party's role and conduct a caucus. Analysis will follow. Co-Mediation Discussion and analysis of strengths and weaknesses of a co-mediation approach and the principles guiding the effective execution of team mediation. Ethics Discussion and exercises focusing attention on ethical dilemmas faced by mediators, particularly challenges to a mediator's impartiality, and the potential for abuse of discretion and power. Required Reading MV Chapters 9, 10 & 12 MPPE Chapter 5 (pp. 183-197); Chapter 6 (pp. 256-269); Chapter 9; Appendix B (Model Standards of Conduct for Mediators) Monday, July 21 Closure and Agreement Writing Strategies for effectively closing a session will be explored and practiced. Discussion and exercises regarding what should or should not be committed to the written agreement. Particular attention will be focused on format, language, "traps" to avoid, and other principles of good drafting. Minnesota Rule and Statute Supplement An overview of the regulatory framework for the practice of mediation in Minnesota, including standards of practice and mediator introduction pursuant to the Civil Mediation Act, and rules, statutes and practices governing mediation in the trial court system (with special focus on confidentiality). The "Administrative" Side of Mediation Using a complex, multi-party mediation as a focal point, students will explore the myriad challenges neutral organizations may face in getting disputing parties to the mediation table. Required Reading MV Chapter 11 MPPE Chapter 8 Minnesota Supplement (to be distributed in class) Tuesday, July 22 Representing Clients in Mediation The Preamble to the American Bar Association Model Rules of Professional Conduct states that the advocate's job is to "zealously assert the client's position under the rules of the adversary system." What does this mean when the forum is mediation? Using lecture, discussion, simulation, and role play, we will review existing paradigms for lawyer behavior in mediation and explore how lawyer participation impacts the mediation process. From the practice 5
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MEDIATION SKILLS - Hamline Law

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