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Mediation Manual Project (100pts)
The purpose of this Mediation Manual Project is to enhance your skills, knowledge and understanding of mediation theory and practice. The manual will include a detailed explanation of a model of mediation covered in this course.
Objectives of the Mediation Manual
- Expand critical-thinking and application by using a variety of methods and approaches related with a mediation model.
- Understand mediation theory as it relates to practice in the field conflict analysis and resolution.
- Learn to develop training material and activities related to a mediation model.
Guidelines for the Mediation Manual
- In a dyad, create a 45-50 double spaced pages (not to include the appendices) mediation training manual.
- Use APA guidelines for internal citations and reference pages
- Describe a mediation training program you have designed for a particular mediation model (i.e. problem solving, transformative, or narrative mediation).
Presentation and Inclusion of Material
1. Title page (On the first page of the Proposal the following statement should be written: “I_______ (insert name as an electronic signature) attest that the workload for the Mediation Training Proposal was or was not evenly distributed and the final project reflects the mutual work of both me and my dyad partner”).
2. Table of contents (specify the page numbers for sections and the individual’s name next to the person who wrote the section)
3. Copies of your advertisement and promotional material should be included in the Appendices. This requires a brochure that describes the mission of your training and description of your training program.
4. References with 15 sources (our readings and external readings).
Section 1: Education of the Model
1. Provide a detailed agenda for your 10 hour training
2. Present the objectives of your training
3. Describe the model you have selected in detail and describe “how” would teach the model to others
4. 5 to 7 pages should be devoted to comparing and contrasting the three different mediation models (transformative, narrative, & problem solving models)
5. Include information you might present to your clients that will educate them about the type of mediation you intend execute (i.e. role play, case study, activities, exercises)
6. Detail what approaches and strategies are important with the specific mediation model.
7. Include all exercises and handouts that you would provide participants (important to the mediation model you selected).
Section 2: Conflict Resolution Concepts
8. Define and understand the differences between mediation and litigation and describe the strengths of mediation (according to your model).
9. Understand and demonstrate effective use of basic principles of negotiation in mediation.
10. Understand how mediation is an extension of negotiation.
Section 3: Mediation Process and Techniques
11. Identify the stages and components of the mediation model and provide examples of questions that can be provided at each stage. Also, build activities around the mediation model you selected. (This is the heart of the assignment).
12. Understand and demonstrate the role of the mediator in structuring the mediation conference such as conducting an opening statement, preparing a disputant to mediate, maintaining professionalism, control of the session, structuring and managing the discussion, building on partial agreements, scheduling the time, location and number of conferences, establishing the format of each conference and focusing discussion.
13. Understand the importance of demonstrating empathy, building rapport, establishing trust, setting a cooperative tone, demonstrating neutrality and impartiality, demonstrating sympathetic listening and questioning, empowering parties and remaining non-judgmental.
14. Identify the principles and functions that define the mediator’s role and distinguish it from other mediation models.
15. Identify those procedural elements that must be taken care of prior to the entry of the parties into the mediation room, including seating of parties and set-up of the room.
16. Understand that upon commencement of the mediation session, a mediator shall describe the mediation process and the role of the mediator and shall inform the mediation participants that mediation is a consensual process; the mediator in an impartial facilitator without the authority to impose a resolution or adjudicate any aspect of the dispute; and communications made during the process are confidential except where disclosure is required or permitted by law.
17. Identify and demonstrate techniques a mediator may use to assist a party in considering his/her position and the other party’s position on a particular proposal.
18. Understand and demonstrate how and if to use separate sessions and how to introduce them to the parties.
19. Identify appropriate techniques for handling difficult situations (e.g., a party walks out, a party makes personal attacks on another party or mediator, a party is not really engaged in the mediation, a party or attorney is very recalcitrant, a party or non-party is emotionally overwrought, or a party appears to be physically ill).
Section 4: Communication Skills
20. Identify and demonstrate the essential elements of questioning for this mediation model.
21. Identify and demonstrate the essential elements for effective note-taking or memory log of the session.
22. Identify and demonstrate the appropriate format for recording the understanding of the parties, including the use of the appropriate language for persons, dates and financial sums.
23. Understand and draft an example of a settlement agreement.
Section 5: Standards of Conduct/Ethics for Mediators
24. Write a section on ethics and code of conduct according to the working model.
25. Identify potential ethical dilemmas in the mediation context.
26. Identify and demonstrate an appropriate course of action when confronted with an ethical dilemma.
27. Present an activity for this section.
Section 6: Diversity Issues
28. Discuss the importance of understanding diversity within the context of mediation.
29. Develop an activity that will teach mediators in your model to better understanding diversity within the context of mediation
Section 7: Evaluation Form:
Develop an evaluation form specifically for your training, so that participants can evaluate you (the trainer) according to the training and the content you covered for the specific mediation model.