Updated Monday, April 23, 2012

3:21 p.m.

Birmingham School of Law

Mediation

Summer 2012

 

Tuesdays  6:30 p.m. – 8:45 p.m.  -  FNB

 

Course Website: 

 

www.mediationstrategist.com

 

Summer 2012 Mediation Slides.pdf

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

Michelle@WiseResolution.com

 

Also - Room 540-1  JCC (716 Richard Arrington Blvd. N.)

 

  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

 

 

 

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.

 

 

  

 

Week / Date:                   Topics /Assignments:

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

Week 2 – VMO

May 8, 2012

Crossing the Line Exercise

Damages.mpg

Fifth Element.mpg

Ant Mediator.mpg

Wedding Crashers.mpg

McEnroe on Disputes.mpg

Divorce Story.mpg

 

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

Week 3 - PB

May 15, 2012

John Heffron on Comedy Central

Heffron 1.mpg

Heffron 2.mpg

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

 

Week 4 - PB

May 22, 2012

 

Guest speaker:  Christie Dowling

Oil Pricing Exercise  

Debrief Exercise

Slides 133 through 135

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

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

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

 

Week 8 - PB

June 19, 2012

Mock Mediations

 

Week 9 - PB

June 26, 2012

Mock Mediations

 

Week 10 - PB

July 3, 2012

Mock Mediations

 

 

Week 11  - PB

July 10, 2012

Mock Mediations

 

Week 12 - VMO

July 17, 2012 

 

Law of Mediation

Slides 226 through 296

 

Week 13    - VMO

July 24, 2012

Math.mpg

Life of Brian.mpg

 

Ethical Issues / Bringing It All Together

Slides 297 through 324

BSOL Scheduled – August 7th

MID TERM / FINAL EXAM and DROP DEAD DUE   Final Exam.pdf

 

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.

 

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.

 

Pre-Mediation Planning Letter

Date of the Letter

MEDIATION COMMUNICATION—STRICTLY CONFIDENTIAL

VIA HAND DELIVERY and E-MAIL

 

Plaintiff’s Counsel

Mail Box #

e-mail address

 

 

Defense Counsel

Mail Box #

e-mail address

 

 

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,                   

 

 

Links:

Getting to Yes.pdf

Oil Pricing Exercise.pdf

Situational Conflict Styles Assessment.pdf

Three Little Pigs Go to Mediation.swf

Philly 1.mpg

Philly 2.mpg

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

Fatal Misunderstandings.pdf

Glowing Pucks.pdf

Insufficient Excess Article.pdf

Tulipmania.pdf

The Art of Complaining.pdf

Rock Paper Scissors.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

How To Make....pdf

www.wiseresolution.com/justice.htm