1. PACS 3700/ COMM 3700 ADR – Alternative Dispute Resolution, cont. (Third Party Approaches to Conflict) April 15

2. Reminders  Email negotiation should be done.  Write ups due in dropbox (yes, there is one now!) by 7 pm Sun April 20.  Labor-Management Conflict (Supermarket Strike) assignment due before this Thursday’s class – in dropbox.  Link is in this week’s readings.

3. Supermarket strike http://www.beyondintractability.org/casestudy/malek-labor Then submit a one-page essay telling me whether you think this conflict between labor and management could best be addressed by mediation or arbitration--and why. Due this Thurs 10:50 am

4. Last reminder  If you haven't already, please fill out the pre-dialogue assessment form and email it to Pilar Prostko ​ (pilar.prostko@colorado.edu) by Tuesday, April 15.  The topic is Muslim/non Muslim relations & stereotypes.

5. ADR: Alternative Dispute Resolution Review Main approaches: Mediation – neutral “third party” helps disputing parties come up with a mutually acceptable solution. Arbitration neutral “third party” makes the decision. PowerPoint Summary of: ADR

6. Review of Mediation Steps Introduction Of people (if necessary) Of process Establish ground rules Opening statements Ask “complainant” to tell their story. Mediator active listens, Reframes to separate the people from the problem To focus on interests, not positions

7. Review of Mediation Steps Opening statements Asks “respondent(s)” to tell their story. Mediator active listens, Reframes to separate the people from the problem To focus on interests, not positions

8. Steps of Mediation Asks questions To try to find areas of agreement and to identify continuing areas of disagreement. Brainstorm Options Tries to get parties to brainstorm options for solution, particularly options for mutual gain. Helps parties evaluate options Consider fairness, and plausibility of options Drafts an agreement (once parties choose an option) Parties help refine the agreement. Once it is approved, both parties sign the agreement.

9. This is important!!! This agreement is usually drafted up in a written document, which becomes a contract, which is then enforceable in court, just as any other contract is. But mediation is NOT binding before that settlement agreement is signed. Therefore parties can back out and pursue their BATNA at any time—until they sign the agreement.

10. Let’s try it! Form “color teams.” Read your scenario and work with your mediator to try to solve it. Once you do, record your agreement, sign it, and describe what your mediator did to help you develop this agreement. (Write that down on your recording sheet to turn in.)

11. Roleplay debrief.