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Updated Tuesday, April
26, 2011 10:56 a.m.
Mediation Summer 2011 Wednesday Section 6:30 p.m. – 8:45 9.m.
FNB – 3rd Floor |
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Course Website: Summer 2011 Mediation
Lecture Slides.pdf |
Instructor: V. Michelle Obradovic, Esq.
(Barbara – 205-617-7667) Wise Resolution, LLC 205 20th Street North, Suite 319 Birmingham, AL 35203 Office: 205-414-7589 Cell or Text Message: 205-602-5014 Also - Room 540-1
JCC (716 Richard Arrington Blvd. N.) |
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CLASS PROTOCOL for MICHELLE O.’S
SECTION Students earn points by attending all classes and demonstrating thorough preparation. Interactions with guest lecturers, participating meaningfully in class discussions and group exercises and thoughtful reflective essays count for 1/2 of the final grade. Students are free to move about
during class and to engage in whatever activities support their alertness so
long as they are not disruptive to other students. Example disruptive activities would be
smelly food, noisy food, reeking of alcohol, side conversations (written,
verbal or electronic) and doing things on your computer that everyone around
you wants to see, especially me. Students will be given fact scenarios, group assignments and role assignments for a mock mediation exercise that counts for 1/2 of the final grade. Students should appear in professional dress for the two mock mediation sessions. Prior to the mediation, each Plaintiff team and each Defense team will prepare a position statement. Mediators will be responsible for coordinating the logistics of the sessions and for conducting pre-mediation planning meetings and for journalizing the progress made between sessions. After the mediation is concluded; the group will jointly compile a notebook which must include the working drafts and final product and confidential planning communications and notes between all students for the entire mediation exercise. On a situation by situation basis, a
student may be given permission to participate in class by teleconference or
by webcam. The student who receives
such permission must coordinate the technology themselves and the
arrangements must not disrupt the other students. Example emergencies would be: a local weather event such as a tornado;
hospitalization/recovery; travel for work or with your family; car trouble on
the way to school or a documented highly contagious disease. Texts: Mediation Practice and Process: Interactive Training by V. Michelle Obradovic, Esq.
Getting to YES by R. Fisher and W. Ury |
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Purpose: Conflict resolution skills have become a vital part of the practice of law; whether a trial lawyer, a transactional attorney, an in-house counsel or a government attorney, knowledge of how to productively manage conflict is essential. This course examines a variety of approaches to conflict resolution, ranging from problem-solving to adversarial. Students will learn the methods of traditional analysis of a case from the perspectives of rights, obligations and precedent, and will also learn to look beyond those criteria to a search for solutions that can benefit both sides. Students will learn how to develop a collaborative relationship with others and will learn to use the mediator as a tool to overcome impediments and to counter unproductive adversarial tactics.
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Week / Date: Topics /Assignments: |
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Week 1 May 11, 2011 |
Course Introduction / Grading Communication Basics Negotiation Basics Interest Based Bargaining (part 1) Introduction through Chapter 5 of Getting to YES (pages xvii – 94). Fist Exercise Announce Oil Pricing Exercise |
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Week 2 May 18, 2011 |
Interest Based Bargaining (part 2) Chapters 6 through of Getting to YES (pages 95 through 144) plus Sections IV and V (pages
145-200). Crossing the Line
Exercise Review
Instructions for Oil Pricing Exercise |
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Week 3 May 25, 2011 |
Oil Pricing
Exercise Debrief Exercise |
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Week 4 June 1, 2011 |
Introduction to Escalated
Conflict and Interventions The Mediation
Process Win As Much as You Can Exercise |
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Week 5 June 8, 2011 |
Three Modes of Legal Problem Solving Day in the Life video 1. Day in the Life video 2. Adversarial
Paradigm Mediation Paradigm Philadelphia |
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Week 6 June 15, 2011 |
Divorce Story Irreconcilable Differences *Begin preparation
for Mock Mediations |
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Week 7 June 22, 2011 |
Plaintiff’s Counsel - Hare, Wynn, Newell and Newton Counseling Your Client About Mediation Negotiating an Agreement to Mediate Preparing Your Case for Mediation Preparing Your Client for Mediation Appearing in Pre-Mediation Conferences, Mediation Sessions, and Post Sessions * Begin preparation for Mock Mediations |
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Week 8 June 29, 2011 |
Defense Counsel - Lightfoot, Franklin & White Counseling Your Client About Mediation Negotiating an Agreement to Mediate Preparing Your Client for Mediation Appearing in Pre-Mediation Conferences, Mediation Sessions, and Post Sessions * Continue preparation for Mock Mediations. |
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Week 9 July 6, 2011 |
Mock Mediations – Opening statements / Engage in Caucuses |
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Week 10 July13, 2011 |
Mock Mediations - Complete Caucuses and Close the Mediation Debrief Mock Mediations |
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Week 11 July 20, 2011 |
Finalize reflective essays. |
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Week 12 July 27, 2011
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Turn in reflective essays. |
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Week 13 August 3, 2011
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Ethical Issues / Bringing It All Together |
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August 17, 2011
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FINAL EXAM and DROP DEAD DUE Final Exam.pdf |
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Birmingham School of Law complies with Section 504 of the Rehabilitation Act and the Americans with Disabilities Act. Students with disabilities who seek accommodations must make their request through the office of the Dean. Faculty will grant reasonable accommodations only upon notification from the Dean.
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Suggested
Considerations for Position Statements A recitation of the facts that gave rise to the litigation. The present posture of the case (any matters pending in court or in any related litigation). Any recent developments that may impact on the resolution of the case. The history of any efforts to settle the case including any prior offers or demands. A summary of the parties’ legal positions and a candid assessment of their respective strengths and weaknesses. Identification of parties, representatives and counsel who will be directly involved in the mediation discussions; and a confirmation of their authority to settle the case. Description of any sensitive issues that may influence any settlement negotiations The nature and extent of any prior or future relationship between the parties that may affect the mediation. The negotiating strategy of the parties and counsel. Any suggested approach you would like me, as your mediator, to take in an attempt to settle the case. Any creative solutions. NOTE: To the extent possible, position statement should be shared with your opposition (the more your opposition understands about your position, the better able your opposition will be able to negotiate with you). You may make your statement confidential in whole or in part with those confidential portions presented in a p.s. not copied to opposing counsel.
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Pre-Mediation Planning Letter Date of the Letter
MEDIATION COMMUNICATION—STRICTLY
CONFIDENTIAL
VIA HAND DELIVERY and E-MAIL
Re: Style of the Case
Dear Attorneys:
This will confirm my conversation with each of you on day , date , 20__ relative to the parameters for our date of mediation session 1 and date of mediation session 2 mediation sessions in the above-styled case. At that time, the following was agreed:
The mediation shall begin at start time .
The mediation will take place at location .
Position statements shall be provided to me and will or will not be exchanged on or before date .
Plaintiff’s and Plaintiff’s Counsel’s opening statement shall not exceed time .
Defendant’s and Defense Counsel’s opening statements shall be not exceed time .
It is my understanding that we begin the negotiations with the Plaintiff at $ and the Defendant at $ .
I have suggested that each side be prepared to negotiate to their respective goals in three to five moves. (I have advocated that these negotiations not be based on traditional ‘bottom line’ relationship bargaining, but rather be based upon reasonable moves in relation to your respective goals for settling the case. These goals, having been based upon your evaluation of a reasonable settlement range, were in turn based on a reasonable verdict/judgment analysis. Each move in relationship to your goal should also have some clear basis. At the point in the mediation where both sides have identified respect goals, I would then ask each of you for the opportunity of exploring common ground, should your goals be different.
I am committed to being in touch with each of you over the next several weeks to assist you as you prepare for the mediation sessions, and should anyone have questions, please do not hesitate to contact me. Otherwise, I look forward to the opportunity of working with each of you toward the final resolution of this case.
Sincerely,
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Links: Situational Conflict
Styles Assessment.pdf Adult Personal
Conflict Style Inventory.pdf Three Little Pigs Go
to Mediation.swf Advocate and Mediator
Checklists.pdf Mediator
Intervention Techniques Handout.pdf Creative
Problem Solver's Handbook Ch. 5.pdf Code of Ethics for
Mediators.pdf Achieving Wise
Resolutions in Mediation.pdf Analysis Paralysis Article.pdf Pez Rickie Tickie Stickies Pet Rocks and MySpace.pdf E-Mail Etiquette (Flaming).pdf Insufficient Excess Article.pdf What's Your Conflict Style.pdf The
Right Words to Get the Conversation Started and Keep it Going.pdf The Right
Question Asked the Right Way.pdf Improvisational Negotiation.pdf ACResolution Spring 2006 - Guided by Questions -
Obradovic.pdf |
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