LGST 489
Alternative Dispute Resolution (OCW)

 

LGST 489
Alternative Dispute Resolution (OCW)

Study Guide

Unit 6 – Principles of Mediation

Overview, Learning Objectives, and Reading Assignments

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Reprinted with permission from www.stus.com.

Unit 6 begins with an attempt to define “mediation” in its various forms, styles, and strategies by pointing out the commonalities among these elements. This unit discusses the role of the mediator, the requirement to be neutral, and other critical issues in mediation. Unit 6 also discusses the principles behind the use of mediation in the legal system and why mediation is considered an “alternative.”

Learning Objectives

When you have completed Unit 6, you should be able to achieve the following learning objectives.

  1. Define “mediation,” and describe its role in the legal system.
  2. Describe the role of the mediator and some of the skills required for acting in that role.
  3. Explain the difference between mediation and negotiation.
  4. Discuss the possible effects of mediation on the Canadian legal system and on our views of justice.
  5. Explain how a mediator views conflict.
  6. Identify and describe various mediation models and mediators’ styles.
  7. Describe how the mediator’s style affects mediation.
  8. Identify and explain some critical issues in mediation.
  9. Identify and describe the sources of power in a mediator.
  10. Identify and describe the forms of power that need to be monitored in mediation.

Reading Assignment

Alexander, Nadja. (2011). The mediation meta-model—The realities of mediation practice. ADR Bulletin, 12(6), Article 5.

Maiese, Michelle. (June 2005). Neutrality. Beyond Intractability. Guy Burgess & Heidi Burgess (Eds.). Conflict Information Consortium, University of Colorado, Boulder.

Riskin, Leonard L. (2003). Decision-making in mediation: The new old grid and the new new grid system. Notre Dame Law Review, 79(1), 1–53.

Spangler, Brad. (September 2003). Problem-solving mediation. Beyond Intractability. Guy Burgess & Heidi Burgess (Eds.). Conflict Information Consortium, University of Colorado, Boulder.

Spangler, Brad. (October 2003). Transformative mediation. Beyond Intractability. Guy Burgess & Heidi Burgess (Eds.). Conflict Information Consortium, University of Colorado, Boulder.