SMU – Mediation and Dispute Resolution
Instructor: Professor John Wade
Faculty of Law
Bond University
Qld 4229 Australia
Phone: +61 7 5595 2004
Fax: +61 7 5595 2036
Email: john_wade@bond.edu.au
Learning Objectives
The learning objectives of this course include:
§ memorising the repetitive policy and ethical challenges in the mediation field; and the range of different responses to these challenges
§ memorising and practising repetitively the process steps involved in facilitative mediation
§ developing respect for different models of mediation
§ memorising and practising repetitively a set of problem solving skills including listening, acknowledging, reframing, summarising and questioning
§ enjoying fellow students and making friends
§ becoming curious about the various theories and critiques of mediation
§ gaining confidence in a safe environment
§ connecting existing skills and knowledge to mediation skills
§ memorising and practising responses to a range of standard hurdles faced as a mediator
§ becoming wary of simple answers; and being able to tolerate ambiguity
§ to develop habits of systematic preparation and diagnosis before a mediation; and self-reflection afterwards.
Learning Methods
Reading; quizzes; daily written reflective journals; question periods; multiple role plays; lunchtime chats; mini-lectures, visual summaries and story-telling; repetitive demonstrations of different skills; receiving instant feedback on some skills exercises; performing in front of a group and receiving feedback; giving feedback to peers on structured feedback sheets; research and writing a major assignment; seeking feedback from class on what to change? what to keep doing?
Assessment and Feedback
All registrants must:
1. Attend and participate at every class during the five day period. This is essential as SMU issues an “attendance” certificate which can be used to gain access to certain mediator “lists” in the USA and elsewhere.
2. Write a one to one-and-a-half page reflective journal each night on how certain events from class either challenged or confirmed your own life experiences. (20%)
3. Write a 20 page assignment, with footnotes, or endnotes, and a bibliography, chosen from a list of topics distributed during the course (80%) (or a topic developed and drafted with the instructor).
4. Items 2 and 3 must be emailed as annexures to the SMU office NO LATER THAN 30 days after the course finishes. Items 2 and 3, as annexures to your email, must be identified ONLY by your student number; not by your name.
5. Feedback will be sought from students during the course, on what knowledge or skills they would like to gain, practice or revise. Constant feedback will be given to students on skills which they demonstrate.
Materials
1. L. Boulle, M Colatrella, A. Picchioni Mediation Skills and Techniques (LexisNexis, 2008)
2. Bond University Mediation Workbook (2008)
3. Handouts distributed during the course.
Class Times
Days 1, 2, 4, 5 8.30 am to 5.30 pm
Day 3 8.30 am to 12.30 pm
MEDIATION AND DISPUTE RESOLUTION
Southern Methodist University
Plano, Texas
Program
Instructor: Professor John Wade, School of Law, Bond University, Gold Coast, Queensland 4229, Australia; e-mail john_wade@bond.edu.au
DAY ONE READING
8.30 am Introductions, Course Objectives, Educational Methods
9.15 am Introduction to Mediation; Big Picture Materials, Ch 1
10.45 am Break
11.00 am Positional and Interest Based Bargaining Materials, Ch 3
B.C.P., Ch 7
11.30 am Arbitration/Negotiation Exercise
12.30 pm Lunch
1.30 pm The Mediation Process I – Stages and Sequence B.C.P, Ch 4
2.30 pm The Mediation Process II – Skills and Techniques
3.00 pm Break
3.15 pm Mediation Demonstration
· Video
· Discussion
4.15 pm The Opening Statement
· Presentation Materials, Ch 5
· Demonstration B.C.P, Ch 4
4.30 pm Opening Statement
· Practice
5.30 pm Close; Homework; Journals
8.30 am Revision
8.45 am Preparation for Role Play
9.00 am Distinguishing Facts, Concerns, Submissions,
Issues
9.30 am Concerns to “Issues” B.C.P., Ch 4
· Presentation
· Practice
10.30 am Break
10.45 am Role Play I
12 noon Skills – Listening B.C.P, Ch 5
12.30 pm Lunch
1.30 pm Skills Materials, Ch 6
· Questions B.C.P, Ch 5
· Reframing
3.00 pm Break
3.15 pm Mediation Role Play II
· Simulation
· Debriefing
4.30 pm Modelling – Orchestrator; Dealmaker
5.30 pm Close; Homework
8.30 am Revision; Essay Topics
9.00 am Mediation Role Play III
10.30 am Break
10.45 am Beyond the Basics
· Video Demo (Haynes)
· Discussion
11.45 am Process – Transitions to and from B.C.P, Ch 4
Separate Meetings -
· Demonstration
· Discuss
12.30 pm Close
2.00 pm No formal Classes
- 5.00 pm Options:
(i) 1 hour commercial mediation video (Sous chef)
(ii) Complete reflective journal
(iii) Read designated chapters in B.C.P.
(iv) Prepare outline for essay topic
8.30 am Revision
9.00 am Preparation: Conflict Analysis Intake Questions Materials, Ch 2
· Presentation B.C.P, Ch 6
· Exercises
10.00 am Mediator Risks? – Legal, Business and Ethical
· Presentation
· Discussion
10.30 am Break
10.45 am Mediation Role Play IV
· Simulation
· Debriefing
12.30 pm Lunch
1.30 pm Intake Procedures – Purposes; Documents; Contracts Materials, Ch 9
B.C.P., Appendix 1, 2 & 3
2.30 pm The diagnostic problem solver – why some disputes
need an umpire
· Exercise
· Presentation Materials, Ch 12
3.00 pm Break
3.15 pm Role Play V
4.45 pm Writing Exercise; Reflections on things learned
5.00 pm The Mediation Abacus
· Brainstorm
· Presentation B.C.P., Ch 9
5.30 pm Close
8.30 am Homework; reflections on things learned
8.45 am Mediation Role Play VI - Watertight
· Simulation
· Debriefing
10.30 am Break
10.45 am Recurrent Bumps and Glitches in Mediation B.C.P., Ch 7; 11
Crossing the Last Gap in Negotiations
· Exercise Materials, Ch 12
· Presentation
11.30 am The Role of Apology
· Exercise
· Presentation
12 noon Influential Outsiders
12.30 pm Lunch
1.30 pm Drafting Agreements
· Written Exercise
· Discussion
2.30 pm Ethical Dilemmas – Responding as a Mediator
· Interactive Materials, Ch 10
· Video Tape - Watertight
3.00 pm Break
3.15 pm Ethical and Strategic Dilemmas (continued)
3.45 pm Marketing a Mediation Practice B.C.P., Ch 12
· Discussion
· Presentation
4.00 pm Where to from here?
· Written Exercise
· Discussion
4.30 pm ● Voting
● Feedback forms
● Certificates
5.00 pm Farewells