Mediation
Fall Term 2009
Gary W. Robinson, J.D., M.A.
Director & Senior
Lecturer
Southern Methodist University
Center for Dispute Resolution & Conflict Management
Office (972) 473-3444
Cell 214-952-9746
gwrobinson@smu.edu
Course Description
Mediation is a process that employs a neutral third party, the mediator, to help disputing parties view their dispute more objectively and make reasoned decisions concerning negotiated agreement. This course provides an overview of the theoretical and practical aspects mediation process. Participants will learn a step-by-step process to conduct mediations, and practice dispute resolution skills that support the mediation process, such as listening, reframing, summarizing, problem-solving, and creating a safe, non-threatening environment. Through lecture, discussion, video simulations, and extensive interactive exercises and role plays, participants will gain a functional knowledge of the power and practice of mediation. This course satisfies the 40-hour statutory requirement to serve as a mediator in Texas court-connected disputes.
Course Objectives
Key Learning Objectives How Achieved
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Provide a theoretical definition of mediation, its goals, and proper scope of use;
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By using a graduate level text, through course lecture and discussion; |
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Introduce participants to the theoretical and practical aspects of the three different types of mediation “models” |
By using a graduate level text, class lecturer and viewing experienced mediators conducting simulated mediations (video); and by engaging students in simulated mediation role plays and providing them with individualized feedback through carefully designed evaluation forms that assess student performance; |
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Introduce students to skills and techniques that improve decision-making and communication by disputants; |
By using a graduate level text, engaging students in simulated mediation role play exercises, receiving individualized feedback in small group setting from both students and instructor; |
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Provide practical knowledge concerning how to create a favorable mediation environment, both psychologically and physically for the disputants;
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Through using a graduate text, class lecture and student role plays; |
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Introduce students to variations in the mediation process, and evaluate strengths and weaknesses of those variations; |
Through using a graduate text, class discussion and student role plays; |
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Introduce students to issues and aspects of starting a career as a dispute resolution professional.
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Through use of graduate text, articles and class discussion and interviews of experienced mediators. |
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Boulle, Colatrella, Picchioni, MEDIATION—Skills & Techniques (Lexis / Nexis 2008) (hereinafter “Text”). Available at Barnesandnoble.com and Barnes & Noble Stonebriar in Frisco.
Class Participation 20% (the class participation grade consists of attendance, contribution to class discussion and productive participation in role plays)
Final Exam
80%
Class Attendance: Regular and punctual attendance is required. Missed classes will affect your participation grade and can result in an incomplete, unless excused by the instructor.
Late Exam: An exam that is turned in late is reduced by one-half grade for each portion of a 24 hour period that it is late, unless an extension has been given by the instructor.
Questions outside of class: Questions are welcomed before and
after class, as well as by telephone and e-mail. Office appointments can also
be scheduled.
Religious Observance: Religiously observant students wishing to be absent on holidays that require missing class should notify their professor in writing at the beginning of the term, and should discuss with them, in advance, acceptable ways of making up any work missed because of the absence.
Disability Accommodations: Students needing academic accommodations for a disability must first contact Ms. Rebecca Marin, Coordinator, Services for Students with Disabilities (214-768-4557) to verify the disability and establish eligibility for accommodations. They should then schedule an appointment with the professor to make appropriate arrangements.
Class Decorum: Turn off (or set on vibrate) all cell phones or pagers. Do not read newspapers, books for other classes, or other outside reading material during class. Walking into class late is disruptive as is leaving early. If you have to leave early, make arrangements before class begins, and then, when you leave, do so quietly. Professional respect and courtesy for your fellow students is imperative at all times.
Honor Code: Students are reminded of the SMU Honor Code as referenced in the Student Handbook. Intellectual integrity and academic honesty are both the foundation and the goals for this program. Please reference and review the university policies on the responsibilities, policies, and penalties regarding academic honesty. For a full text of the policy, which you should know, please see the following web link:
http://www.smu.edu/studentlife/PCL_05_HC.asp
Topic: A Comparative View of Mediation; Types of Mediation; Function of Mediation; Stages of Mediation
Reading for this class: Text, Chapter 1—Introduction
to Learning Mediation Skills and Techniques
Topic: Mediator’s Opening Statement; Parties’ Initial Statements; and Defining the Dispute.
Reading for this class: Text, Chapter 4—Managing the Mediation Process; Mediator’s Opening Statement Checklist (Text, Appendix 7)
Topic: Problem Solving and Negotiation; and Creating a Favorable Environment
Reading for this class: Text, Chapter 3—Maintaining a Favorable Climate
Topic: Facilitating the Negotiations
Reading for the class: Text, Chapter 7—Facilitating
Negotiations
Topic: Communication
& Managing Conflict
Reading for this class: Chapter 5—Assisting the Communication Process; and Text, Chapter 6—Managing Conflict from Crisis to Opportunity
Topic: Entering the Mediation Process; and Final Decision and Conclusion
Reading for this class: Text, Chapter 2—Establish the Foundation: Introductions, Intake, Screening and Preparation; and Standard Forms for Mediation Practice (Text, Appendix 1); Forms Related to Agreement to Mediate (Text, Appendix 2); Mediated Agreements (Text, Appendix 3); Review Chapter 4—Managing the Mediation Process, pages 101-06.
Topic: Pre-Mediation Conferences & Mediator Traps
Reading for this class: Text, Chapter 9—Variations in the Mediation Process; Pre-mediation Conference Preparation Form (Text, Appendix 8); and Chapter 11-Avoiding Mediator Traps
Topic: The Business of Mediation
Reading for this class: Chapter 12—Becoming a Mediator, Careers in Mediation, and Establishing a Private Mediation Practice
Topic: Special Issues in Mediation; and Legal Issues in Mediation & Ethics
Reading for this class: Text, Chapter 10, Special Issues in Mediation; and Model Standards of Conduct for Mediators (Text, Appendix 10)
Topic: EXAM
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SMU Fall 2009 Emergency Preparedness Syllabus Insert:
As part of the federal government response to the H1N1 (Swine Flu) virus, the Department of Health and Human Services issued a nationwide public health emergency preparedness declaration on April 26th, 2009. The declaration was renewed on July 23, 2009 and is currently in force. For the semester ahead, there is concern that the level and intensity of flu cases could increase substantially.
1) For updates on the campus-wide status of flu conditions at SMU, please visit http://www.smu.edu.
2) If flu conditions require cancellation of a class session or other changes for this course, an email will be sent to all class members.
3) In the event of a major campus emergency at SMU, course requirements, deadlines and grading percentages are subject to changes that may be necessitated by a revised semester calendar or other circumstances beyond the instructor’s control.