LGST 489
Alternative Dispute Resolution (OCW)


LGST 489
Alternative Dispute Resolution (OCW)

Study Guide

Unit 8 – Mediation in Practice

Overview, Learning Objectives, and Reading Assignments

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Reprinted with permission from www.stus.com.

Unit 8 examines the use of mediation in several areas where it is now common, including family disputes, criminal matters, public policy, and administrative proceedings. This unit also discusses issues of race, culture, and gender with respect to their possible effects on the mediation process. Finally, Unit 8 outlines the ethical requirements of the mediator.

Learning Objectives

When you have completed Unit 8, you should be able to achieve the following learning objectives.

  1. Describe various ways in which mediation is used in real-life situations.
  2. Describe, in detail, the use of mediation and the required process for mediation in family disputes and in juvenile crime situations.
  3. Explain how mediation may be affected by, and how it can be altered to accommodate, issues of gender and culture.
  4. Outline the ethical requirements of a mediator.
  5. Identify the ethical issues in victim-offender mediation.
  6. List and explain the principles of consensus-building decision making.
  7. Describe the impact of culture in mediation.

Reading Assignment

Lande, John. (2012). The revolution in family law dispute resolution. Journal of the American Academy of Matrimonial Lawyers, 24, 411–449. University of Missouri School of Law Legal Studies Research Paper No. 2012–10.

Menkel-Meadow, Carrie. (2011). Mediating multiculturally: Culture and the ethical mediator. In Ellen Waldman (Ed.), Mediation Ethics: Cases & Commentaries. San Francisco, CA: Jossey-Bass. 305–338.