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Global
Perspectives on ADR - Introductory Track
MEDIATION AND OTHER
METHODS TO FOSTER DEMOCRATIC DIALOGUE
Professors James Coben, Kinga Göncz, Csilla
Kollonay Lehoczky, Lela Love, and Dana Potockova
go to week 1 [Monday] [Tuesday]
[Wednesday] [Thursday]
[Friday] week 2 [Monday]
[Tuesday] [Wednesday]
[Thursday] [Friday]
[completion requirements]
July 5, 2004, Monday
Breaks will be scheduled during each class period.
9:00-12:15 Introduction and Course
Overview
Principles of Dispute Settlement Lecture
and general discussion examining assumptions about dispute settlement,
analyzing various dispute settlement methodologies, and exploring the role of
mediation within that context.
The Voluntary Resolution of Disputes Group
exercise designed to illuminate the principles and dynamics underlying
negotiation. The nature of the outcome, the importance of structuring the
process, the role of information, preferences and priorities, the rationale of
establishing trade-offs, the difference between interests and positions, and the
facilitators and inhibitors of consensus-building will be stressed in the
analysis.
12:15-1:30 LUNCH
1:30-2:10
Professor Csilla Kollonay Lehoczky
2:15-4:15 Library and Computer Lab
Tours:
Group A: Library (2:15-3:15); Computer Lab (3:15-3:45)
Group B: Computer Lab (2:15-2:45); Library (3:15-4:15)
7:00 Welcoming Cocktail Party at Kerepesi Dorm
 | Reading: |
Getting to Yes, Fisher, Ury and Patton
Taking Charge/Managing Conflict,
Stulberg, pp. 5-27, Chapters 2 and 3 Supplemental Reader for Day 1:
Images of Justice, Love, 1
Pepperdine Dispute Res. J. 29 (2000), p. 1
Dispute Resolution Processes, from Conducting the Mediator
Skill-Building Training Program, Stulberg and Love (Michigan Supreme Court
1997), p. 5
Constructive Responses to Conflict in Emerging Democracies, Shonholtz,
Partners for Democratic Change/UNDP Conference Paper (2-14-01), p. 9
Intervenor Orientations & Related Tasks and Outcomes, chart from
Mapping Mediation, Kovach and Love, 3 Harv. Neg. L. Rev. 71, 107 (1998),
p. 18
Process Continuum (chart), p. 19
| Assignment: Cross-cultural interviews. |
Working in groups of 4 or more, with students from as many
different countries as possible, students will discuss and determine the most
important similarities and differences between the national negotiating styles
and other ways of resolving conflicts of the countries and cultures
represented in the group. Each student should write short (maximum of 500
words -- approximately 2 typewritten pages, double-spaced and using standard
fonts and margins) summary describing lessons learned from this conversation. The
written assignment is due in class on Friday, July 9th.
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July 6, 2004, Tuesday
9:00-12:15
Overview of Mediation An
examination of the various functions the mediator fulfills and the types of
traits/interpersonal skills required of the persons discharging these
functions.
Beginning the Mediation Conference An
examination of the impact of different seating arrangements. Participants will
examine the components of an opening statement. Interpersonal skills with
regard to eye contact, language use, and creating a structured but comfortable
environment will be the focus of the analysis that follows.
12:15-1:30 LUNCH
1:30-2:10 Professor
Kinga Göncz
| Reading |
Taking Charge/Managing Conflict, Stulberg, pp. 31-68,
Chapters 4, 5 and 6
| Supplemental Reader for day 2: |
Mediator Orientations, Strategies and Techniques ,
Riskin, Alternatives (1994), p. 24
Applying Collaborative Processes in Former Communist Countries, Göncz
and Shonholtz, IAP2 (First Quarter 2000), p. 28
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July 7, 2004, Wednesday
9:00-12:15 Accumulating Information and
Framing Interests and Issues
12:15-1:30 LUNCH
1:30-2:10 Professor
Kinga Göncz
| Reading |
Taking Charge/Managing Conflict, Stulberg, pp. 69-94,
chapters 7 and 8
| Supplemental Reader for Day 3: |
Training Mediators to Listen, Love,
38 Family and Conciliation Courts Review 27 (2000), p. 32
Constructing Understanding, Agendas, and Agreements: The Building Blocks, Appendix
A from Training Mediators to Listen, p. 40
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July 8, 2004, Thursday
9:00-1:10
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.
2:30 TOUR OF PARLIAMENT
| Reading |
Taking Charge/Managing Conflict, Stulberg, pp.
95-106, chapter 9
| Supplemental Reader for day 4: |
Mediation as Parallel Seminars: Lessons from the Student
Takeover of Columbia University’s Hamilton Hall,
Liebman, 16 Negotiation Journal 157 (April 2000), p. 41
Intercultural Communication and the Organizing Facets of Culture, Dodd, Dynamics
of Intercultural Communication, 36-45 (Brown and Benchmark 1987), p. 55
Managing Differences, from Mediation Skills Training Manual (Mediation
Center for Dispute Resolution 2000), p. 65
Ruminations on the ‘Culture’ of Law: Recognizing an Inevitable Influence
on the Evolution of Dispute Resolution Alternatives, Coben, Volume 2, No. 1
Journal of Alternative Dispute Resolution in Employment 4 (Spring 2000), p. 70
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July 9, 2004, Friday
9:00-1:10
An Exploration of Justice and Dispute Resolution Processes
Qiu Ju (a movie) (approximately 100 min.)
| Reading |
Taking Charge/Managing Conflict, Stulberg, pp.
106-122, chapter 10
| Assignment |
1) Officer Li in Qiu Ju does several things that
might be considered poor performance according to the mediator training and
reading you have had in this course. Describe three moves Officer Li makes
that have a negative impact on moving the dispute towards resolution. 2) Think
back to the scene where the village chief Wang Shantang fulfills his
obligation to make a monetary payment to Qiu Ju by throwing the money at her
feet. If you were a mediator assisting these two parties and you witnessed
this exchange, how would you respond? The written assignment is due in
class on Tuesday, July 13th (maximum of 500 words/approximately
2 typewritten pages, double-spaced and using standard fonts and margins).
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July 11, 2004, Sunday
10:00-4:00 BOAT TRIP TO SZENTENDRE (optional)
July 12, 2004, Monday
9:00-1:10 Considerations and
Strategies in Dealing with Complex, Multi-Ethnic Cases
Professors will "accompany" participants through a
conflict analysis to determine the propriety and nature of a mediation
intervention in a multi-party, multi-ethnic community conflict. Elements of
the analysis will include: party identification; ripeness for intervention;
mediator qualifications relevant for effective service; and pre-dispute entry
issues and responsibilities. In small groups, participants will analyze a case
study to develop performance skills for conducting a multiparty mediation.
Elements of the analysis will include: structuring the sessions, capitalizing
on role of advocates and spokespersons, planning considerations when cultural
diversity is present, and using translators effectively.
| Supplemental Reader for Day 6: |
Ethnic Minorities in Hungary: Democracy and Conflict
Resolution , Göncz and Gesko. 552 Annals of the Am.
Academy of Pol. And Soc. Sci. 28 (July 1997), p. 73
A Tale of Two Cities, Love and McDonald, Dispute Resolution Magazine
(Fall 1997), p. 79
Multi-Party Public Policy Mediation, Susskind, Dispute Resolution
Magazine (Fall 1997), p. 82
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July 13, 2004, Tuesday
9:00-1:10
Facilitation Skills and Techniques to Foster Constructive
Dialogue An examination of the relationship between
facilitation and mediation and of the tasks and tools used by facilitators.
Practice will follow.
| Supplemental Reader for day 7: |
Practice Guidelines for Co-Mediation: Making Certain That
"Two Heads Are Better Than One" , Love and
Stulberg, 13 Mediation Quarterly 179 (Spring 1996), p. 86
Meeting Facilitation, Barkai, p. 92
2:30 TOUR OF COURTS
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July 14, 2004, Wednesday
9:00-1:10 Discussion and exercises regarding the
procedure for and components of the construction of a mediation agreement.
Strategies for effectively closing a session will be explored and practiced.
Writing an Effective Agreement 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.
| Reading |
Taking Charge/Managing Conflict, Stulberg, pp.
123-133, chapter 11
| Supplemental Reader for day 8: |
The Mediating Future , Shonholtz,
552 Annals of the Am. Academy of Pol. And Soc. Sci. 139 (1997), p. 108
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July 15, 2004, Thursday
9:00-1:10 Ethics in Mediation 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.
Mediation Review A critical review
of a mediation session.
Building A Career in Dispute Resolution Working
Lunch (optional): informal discussion and advice regarding study and
business-building opportunities in the field of conflict resolution.
| Reading |
Taking Charge/Managing Conflict, Stulberg, pp.
137-168, chapter 12 and conclusion
| Supplemental Reader for day 9: |
Model Standards of Conduct for Mediator s
(1994), p. 115
Uniform Mediation Act Executive Summary and Text (as
approved and adopted by the National Conference of Commissioners on Uniform
State Laws and the American Bar Association); and comments in opposition to
the UMA by the International Academy of Mediators (as reported in
ADRWorld.com, November 6, 2001), p. 121
Misrepresentation in Mediation: Efficacy, Expectations, and Ethical Norms,
Coben, Volume 2, No. 3 Journal of Alternative Dispute Resolution in Employment 4
(Fall 2000), p. 138
Mediation’s Dirty Little Secret: Straight Talk About Mediator Manipulation
and Deception, Coben, Volume 2, No. 4, Journal of Alternative Dispute
Resolution in Employment 4 (Winter 2000), p. 142
| Recommended but not required |
CPR Georgetown Commission on Ethics and Standards in ADR, Rule 4.5.4
(Conflict of Interest) (April 1999), p. 146
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July 16, 2004, Friday
9:00-1:10
Reflections and Closure
2:30-4:30 Final Paper Students
will write an in-class, open-book analysis of their final mediation simulation
in which they served as the mediator and respond to other question(s).
| Preparation: Review mediator training material.
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COMPLETION REQUIREMENTS AND GRADES:
For all students, class attendance is mandatory.
For CEU students who are not taking the course for a grade,
completion of the program requires that two of the three writing assignments
must be submitted.
For students taking the course for a grade, grading will be
based on the following:
| 10% Class attendance and participation. Attendance at all
sessions is expected. |
| 90% Written assignments: Cross cultural interview and Qui
Ju paper (40%); final paper based on the mediation simulation (50%). |
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