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Updated Monday, April
23, 2012 3:21 p.m.
Mediation Summer 2012 Tuesdays 6:30 p.m. – 8:45 p.m. -
FNB |
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Course Website: |
Instructors: V. Michelle Obradovic, Esq. (with Payne Baker) 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 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 and excessive moaning, groaning and griping. 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 with doctor’s orders; travel for work or with your
family; car trouble on the way to school or a documented highly contagious
disease. Students earn points by attending all classes and demonstrating thorough preparation and reflection. Interactions with others, participating meaningfully in class discussions and group exercises and thoughtful reflective essays count for 45% of the final grade and you cannot make up class participation points for classes in which you did not actually participate. Students will be given fact scenarios, group assignments and role assignments for a mock mediation exercise that counts for 45% 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 entire class 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 – everything that represents your work in the mock mediation must be included to count toward the 45%. The mid-term/final is 10% of the grade for the class. 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 – VMO May 1, 2012 Prisoner’s Dilemma Philadelphia Exercise Fist Exercise |
Grading Course Introduction Three Modes of Legal Problem Solving Adversarial
Paradigm Mediation Paradigm Negotiation and Mediation Basic Training Slides 1 through
44 |
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Week 2 – VMO May 8, 2012 Crossing the Line Exercise |
Past, Present and
Future of Conflict Resolution Theory, Style and
Strategy Introduction to
Escalated Conflict and Interventions Divorce Story and
Irreconcilable Differences Difficult People /
Hostile Starts Power of a Positive No Slides 45 through
99 |
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Week 3 - PB May 15, 2012 John Heffron on Comedy Central |
What is your style? Interest Based Bargaining Introduction through Chapter 5 of Getting to YES (pages xvii through 144) plus Sections IV and V (pages 145-200). Slides 100 through 132 |
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Week 4 - PB May 22, 2012 |
Guest
speaker: Christie Dowling Oil Pricing
Exercise Debrief Exercise Slides 133 through
135 |
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Week 5 - PB May 29, 2012 Win As Much as You
Can Exercise |
Interpersonal
Skills Other than Face to
Face Online Mediation Example The Mediation
Process in Jefferson County Courts Slides 136 through 196 |
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Week 6 - PB June 5, 2012 Three
Little Pigs Go to Mediation.swf |
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 |
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Week 7 - VMO June 12, 2012 |
Day in the Life video 1. Day in the Life video 2. Plaintiff’s Counsel - Hare, Wynn, Newell and Newton Defense Counsel - Lightfoot, Franklin & White |
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Week 8 - PB June 19, 2012 |
Mock Mediations |
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Week 9 - PB June 26, 2012 |
Mock Mediations |
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Week 10 - PB July 3, 2012 |
Mock Mediations |
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Week 11 - PB July 10, 2012 |
Mock Mediations |
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Week 12 - VMO July 17, 2012
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Law of Mediation Slides 226 through 296 |
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Week 13 - VMO July 24, 2012
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Ethical Issues / Bringing It All Together Slides 297 through 324 |
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BSOL Scheduled – August 7th |
MID TERM / 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 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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