1. Mediation
Class 1

2. Administrative Give quiz Have negotiation exercises to return
Dolphy Day

3. Review
Difficult Conversations
Getting to Yes

4. The Fishermen and Jet Skiers
What are the “legitimate” interests of the fishermen?
What are the “legitimate” interests of the jet skiers?
How might those legitimate interests be accommodated?

5. Today Definition of Mediation What do Mediators do?
Factors that Shape Whether Mediation Occurs
Mediators and Impartiality
Key Ideas from Today’s Class

6. I. Definition of Mediation
How can mediation help parties resolve conflict?
Any problems with relying on mediation?

7. II. What Do Mediators Do? Often deal with parties separately
Identifying underlying interests
Encouraging creativity in creating solutions
Helping identify standards to assess outcomes
Making recommendations
Importance of timing

8. III. Factors that Shape Whether Mediation Occurs
Norms
Expected benefits
Improved payoff from the outcome
Reduced costs
Quicker resolution
How frequently does mediation produce settlements?

9. IV. Mediators and Impartiality
Controversy
Should mediator be strictly impartial or try to favor the party in the weaker position?
Impact of pure impartiality?
Impact of favoring the weaker party?

10. V: Key Ideas from Today’s Class
Lack of finality may help make mediation acceptable
Mediation is not mostly about making recommendations
Mediation results in agreement much of the time
Controversies about impartiality

11. Next Time Mediation Outcomes Mediation and Unreasonable People
Mediation in the World Today

12. Mediation
Class 2

13. Administrative Return quizzes at end of class
Everybody know where we are and what we are doing?

14. Review
The legitimate interests of the parties in the fishermen and jet skiers dispute
Definition of mediation
What do mediators actually do?
Factors that shape if mediation occurs
Mediators and impartiality

15. Today Mediation Outcomes Mediation and Unreasonable People
Mediation in the World Today
Exercise
Key Ideas from Today’s Class

16. I. Mediation Outcomes
Parties seem to gain satisfaction from the mediation process as well as the outcome
Parties seem to value the speed and low cost
Parties value that the agreements are tailored to their needs and interests
Are single issue or multiple issue conflicts more likely to be mediated successfully?

17. II. Mediation and Unreasonable People
Is mediation likely to be effective with unreasonable people?
What other techniques are available to deal with people who seem unreasonable?

18. III. Mediation in the World Today
Sant’Egidio Community
The Vatican
Various other religiously-based groups

19. III. Mediation in the World Today
Alternative to trials
Mediation of minor criminal matters
Mediation to prevent gun violence

20. IV. Exercise Hand out materials Choose teams Negotiate
Discuss outcomes

21. V: Key Ideas from Today’s Class
Parties tend to express satisfaction with mediation
Single issue disputes are more difficult to mediate
Unreasonable people versus people with different assumptions
Mediation is so powerful it can work with people who are homicidal

22. Next Time
Begin unit on arbitration