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Mediation Birmingham School of Law Summer 2010 Course Website:
Wednesday 6:30 p.m. – 8:30 p.m. Saturday 2:30 p.m.– 4:30 p.m. |
Professors: |
R. Wendell Sheffield, Esq. Sheffield & Lentine, P.C. 3rd Floor FNB 205-328-1365 V. Michelle Obradovic, Esq. Wise Resolution, LLC 205-602-5014 cell phone |
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*Attendance for full class required. |
Grading: |
1/2 Attendance, Preparation and Class Participation 1/2 Mock Mediation - Position Statement and Performance |
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Students earn points by attending classes and demonstrating thorough preparation. Interactions with guest lecturers, participating meaningfully in class discussions and group exercises and thoughtful reflective essays counts for 1/2 of the final grade. 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 compile a notebook. This notebook represents the work product of all students for the entire mediation exercise. |
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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 05/12/10 05/15/10 Slides 1-___ |
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 05/22/10 05/19/10 Slides ___ -71 |
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 05/26/09 05/29/09 |
Oil Pricing
Exercise Debrief Exercise |
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Week 4 06/2/10 06/5/10 Slides 74-98 |
Introduction to Escalated
Conflict The Mediation
Process Win As Much as You Can Exercise |
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Week 5 06/9/10 06/12/10 Slides 99-132 |
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 06/16/10 06/19/10 Slides 133 - 162 |
Divorce Story Irreconcilable Differences *Begin preparation
for Mock Mediations |
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Week 7 06/23/10 06/26/10 |
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 06/30/10 07/03/10 |
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 07/7/10 07/10/10 |
Mock Mediations – Opening statements / Engage in Caucuses |
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Week 10 07/17/10 07/14/10 |
Mock Mediations - Complete Caucuses and Close the Mediation Debrief Mock Mediations |
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Week 11 07/21/10 07/24/10 Slides 163-180 |
Ethical Issues / Bringing It All Together |
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Week 12 07/28/10 07/31/10 |
(drop dead due for all class assignments) |
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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 , 2010 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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Link to Final Exam: Getting to Yes Exercise - Summer 2010.pdf Links to Mock Mediation Photos Links to Lecture Slides
and Syllabus: Summer 2009 Mediation Lecture Slides.pdf Final 2 Classes Lecture Slides.pdf Links to Texts: Mediation Practice and Process - Interactive Training Manual 04 2008 Rev.pdf Links to Handouts: Getting Ready to Negotiate.pdf 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 Alabama Appellate Mediation Rules.pdf Code of Ethics for Mediators.pdf Court Created New ADR Procedure - Rock Paper Scissors.pdf Cheri and Helen Case Study.pdf
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Links to optional further study materials: 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 www.wiseresolution.com/justice.htm |
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