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Under oversættelse
| Settlement-Driven Mediation |
|
Settlement-driven mediation can be understood as a derivation of generic mediation. Followers of settlement-driven mediation tend to prefer this style to generic mediation because often they have not been exposed to other styles outside of settlement-driven, because it is more goal-oriented, and also because it is considered a more substantial aid in nature, rather than simply facilitating the process of resolving the conflict at hand.
You can approach the conflict from either a wide or a narrow angle. If you take the wide approach, this means that you encourage free storytelling about anything that the party feels like talking about, and ask questions that motivate the parties to tell not only about the conflict, but also about the conflict environment and about the human costs of the conflict. If you approach the problem from a narrow angle, the participants to the mediation very quickly get to talk about responsibility, liability, a prediction about what a court of law would decide, and – pure and simple – money. Provided that you approach from a wide angle, it may lead to the parties’ agreement not only dealing with money, but also what else the parties can do for one another, possibly compensating for money – expanding the pie. The “pie” is often money or other limited resources, and the expansion of the pie is frequently something else besides money or other limited resources.
Leonard L. Riskin, Decision-Making in Mediation: The New Old Grid and the New New Grid System, 79 NOTRE DAME LAW REVIEW 1 (2003). In his special personal style of mediation, Len Riskin practices more or less what any of the other styles try to achieve. It is presumably empathetic qualities present while listening to a fellow human being, something the parties very quickly feel, that makes Riskin a model very difficult to formulate. The article, being forthcoming on all the styles presented above, is on a very high level of abstraction and is of lasting value for many decades to come. The article shades a previous simpler, easy-to-read and instructive article on the combination of wide, narrow, facilitative and evaluative mediation.
|
| Settlement-Driven Mediation |
|
Mediation in Action: A Complex Business Dispute.Mediation in Action Video and Study Guide is available without CLE accreditation and involves an international commercial contract dispute between a computer manufacturer and distributor and demonstrates a complete mediation with counsel and client participation in 36 minutes with commentary on mediation phases.
The videotape is accompanied by a Study Guide. Order Code: VID-02. Price: $100
|
Title:
Mediation in Action:
A Complex Business Dispute
Tape Running Time: 36 minutes
Order by:
CPR Legal Program,
Center for Public Resources,
Inc. 366, Madison Ave. NY 10017,
(212) 949-6490
http://www.cpradr.org/
pubs2004.asp?M=12.1
Mediation in Action Video (PAL),
Order Code: VID-02P. Price: $100
Mediation in Action Video (SECAM),
Order Code: VID-02S. Price: $100
Mediation in Action, DVD,
Order Code: DVD-02. Price: $75
$125.00 (Section of Dispute Resolution)
ABA Mem $175.00 (Regular).
$125.00 (Section of Dispute Resolution)
ABA Members.
|
| Settlement-Driven Mediation |
|
Saving the last Dance is a co-operation between The Center for Mediation in Law, the Harvard Negotiation Research Project and the Program on Negotiation at Harvard Law School.
The video, entitled Saving the Last Dance: Mediation Through Understanding, demonstrates the “Mediation through Understanding” mediation model that Gary J. Friedman, Jack Himmelstein, and Robert H. Mnookin have developed over the past several years. Focusing on a dispute between a dance company and its recently discharged choreographer over intellectual property and employment issues, the video alternates between excerpts from the mediation itself and an educational commentary.
The Mediation through Understanding model involves the mediator working together with the parties and their lawyers in plenary session, without caucuses or shuttle diplomacy. In this model, the law plays an essential but not necessarily dominant role. The mediator encourages understanding of differing perspectives, concerns, interests and aspirations. On the basis of this understanding, the participants work through the conflict together -- allowing tension to arise when necessary -- and generate creative options for resolution. The mediation is kept in joint sessions.
Gary Friedman is mediating between Mike (the CEO for the theatre) and Jackie (the former chorographer). Joan is the attorney for the theatre and Conrad is the attorney for Jackie.
|
Title: Mediation in Action: A Complex Business Dispute
Tape Running Time: 50 minutes
As the copyright owners had wanted not to have vignettes from the video at any website, you should contact hans.boserup@gmail.comfor arrangements to the vignettes from the video.
Order by:
http://www.pon.org/catalog/
product_info.php?products_id=261
More details at:
http://www.pon.harvard.edu/
news/2001/stld_video.php3
NTSC standard (U.S./Can.):
Non-profit/Edu/Gov $225.00
NTSC standard (U.S./Can.):
For-profit $300.00
PAL standard:
Non-profit/Edu/Gov $225.00
PAL standard:
For-profit $300.00
For ordering information, please visit the
Clearinghouse website,
or telephone directly at 1-800-258-4406
|
| Settlement-Driven Mediation |
American Bar Association, Section of Litigation and the Center for Continuing Legal Education: Representing Clients in Mediation, How Advocates can Share a Mediator’s Powers.As mediation becomes an ever more popular way to resolve legal disputes, lawyers need to learn how to use the process to obtain better results for their clients. This sophisticated video program takes you far beyond the basics to explore how to apply the unique aspects of mediation to enhance your abilities as a negotiator. The video builds on a unique experiment performed at the Program on Negotiation at Harvard Law School, in which four different groups of professional mediators and litigators were asked to mediate the same lawsuit. In an unscripted setting, experienced lawyers and neutrals matched wits with each other as they worked to settle a commercial contract dispute. They achieved very different results. This experiment produced the most realistic video footage ever made of sophisticated mediation advocacy. Drawing on many years of experience as a trial lawyer, mediator and trainer, and combining incisive commentary with striking examples of experienced advocates at work, Dwight Golann shows how advocates can advance their clients goals at all stages of a mediation. This package includes a study guide.Don’t get confused that new faces are showing up. The same case was mediated in role-plays by four different groups.Videotraining clips ↓
Mediators have influence (17 mb)
Effective open advocacy (22 mb)
Private caucusing (10 mb)
Mediator focuses on negotiation in private caucus (21 mb)
Mediation provides confidentiality (16 mb)
The mediator controls the negotiation format. The mediator has private caucus with the lawyers alone (16 mb)
The mediator as conveyor of arguments (22 mb) |
Representing Clients in Mediation:
How Advocates Share a Mediator's
Powers (DVD Package)
Order by:
http://www.abanet.org/abastore/i
ndex.cfm?section
=main&fm=Product.AddToCart&pid=
V00RCMD
Product Code:
V00RCMD V00RCMD 2000
Running Time: 60 minutes 1 hour
Sponsoring Entities:
ABA Center for CLE,
Section of Litigation
ABA Center for CLE,
Section of Litigation
Pricing:
$175.00 (Regular)
$125.00 (ABA members) |
| Stages One and Two: Positions, Interests and Needs - Storytelling |
|
As the lawyer has clarified his client’s position in the opening presentation, often punctuating the story with examples of failure or neglect by the opposing party, the following course often becomes limited by the themes that are presented by the lawyers. The mediator tries to employ a win-win strategy by expanding on those themes via exploring what specific interests and needs lie behind the positions.
|
| Stage Three and Four – Generating Options and Negotiation |
|
In settlement-driven mediation, the mediator is often less concerned than in other mediation about expressing his own substantial attitudes and beliefs about where common ground can be found and agreement can be achieved. Some settlement-driven mediators can be very open about indicating to the parties how he estimates a court of law would evaluate this factual information and which kind of laws the court would employ in deciding this conflict.
|
| Stage Five - Agreement |
There is little, if any, difference between the stages of agreement in settlement-driven mediation compared to that in the generic style.
Due to the variety of process, there will most likely be a difference in the content and focus of the agreement concluded respectively in settlement-driven mediation and generic mediation. |
|
Wire Recording |
|
The author strongly advises the mediator to get the parties’ permission to make a recording (via Dictaphone or a wire recorder) of the mediation sessions so that subsequently you can listen to yourself and to the parties’ reaction to your mediation.
|
|
Certifying Mediators |
|
As a basis for certification or admission into a professional mediators’ organisation, the author suggests that as an alternative (or in addition) to prescribed education or practical experience, the applicant forward two or three audio recordings of previously conducted mediations.
|
|
Court-Annexed Mediation of Appeal Cases |
|
In mediation of appeal cases, one might believe at first glance that the first instance judgement plays a big part. Experience suggests, however, that parties to a wide extent are ready to leave the verdict alone while trying mediation of the appeal case. They normally see the potential in recounting from the very beginning bringing forth new information that was, for whatever reason, not included in the first instance in court.
|
|
Try to answer the questions below
-
Please state some commonalities and differences between generic and settlement-driven mediation.
-
Please state some commonalities and differences between humanistic and settlement-driven mediation.
-
Please state some commonalities and differences between transformative and settlement-driven mediation.
-
Please state some commonalities and differences between cognitive-systemic and settlement-driven mediation.
-
Please state some commonalities and differences between narrative and settlement-driven mediation.
-
In order to tune into the context or contexts in settlement-driven mediation, what can the mediator do?
-
How is the attitude toward emotional data in settlement-driven mediation?
-
How is the attitude toward empowerment and recognition in settlement-driven mediation?
-
What are the advantages and disadvantages of opening a mediation with a wide focus and a narrow focus, respectively?
-
What are the advantages and disadvantages of conducting a mediation with an evaluative manner and a facilitating manner, respectively?
-
What are the advantages and disadvantages of using the mediator as a messenger between the parties?
-
To what extent is active listening normally adopted in settlement-driven mediation?
-
To what extent do the parties in a court-annexed mediation of appeal cases place significance of the verdict and the exhibits from the case?
-
What role does the court procedure from the first instance play an energy or motivation in mediation of appeal cases?
|
Book's Website Day 6
Settlement-Driven Mediation
Settlement-driven mediation can be understood as a derivation of generic mediation. Followers of settlement-driven mediation tend to prefer this style to generic mediation because often they have not been exposed to other styles outside of settlement-driven, because it is more goal-oriented, and also because it is considered a more substantial aid in nature, rather than simply facilitating the process of resolving the conflict at hand.
You can approach the conflict from either a wide or a narrow angle. If you take the wide approach, this means that you encourage free storytelling about anything that the party feels like talking about, and ask questions that motivate the parties to tell not only about the conflict, but also about the conflict environment and about the human costs of the conflict. If you approach the problem from a narrow angle, the participants to the mediation very quickly get to talk about responsibility, liability, a prediction about what a court of law would decide, and – pure and simple – money. Provided that you approach from a wide angle, it may lead to the parties’ agreement not only dealing with money, but also what else the parties can do for one another, possibly compensating for money – expanding the pie. The “pie” is often money or other limited resources, and the expansion of the pie is frequently something else besides money or other limited resources.
Leonard L. Riskin, Decision-Making in Mediation: The New Old Grid and the New New Grid System, 79 NOTRE DAME LAW REVIEW 1 (2003). In his special personal style of mediation, Len Riskin practices more or less what any of the other styles try to achieve. It is presumably empathetic qualities present while listening to a fellow human being, something the parties very quickly feel, that makes Riskin a model very difficult to formulate. The article, being forthcoming on all the styles presented above, is on a very high level of abstraction and is of lasting value for many decades to come. The article shades a previous simpler, easy-to-read and instructive article on the combination of wide, narrow, facilitative and evaluative mediation.
Settlement-Driven Mediation
|
Mediation in Action: A Complex Business Dispute.
Mediation in Action Video and Study Guide is available without CLE accreditation and involves an international commercial contract dispute between a computer manufacturer and distributor and demonstrates a complete mediation with counsel and client participation in 36 minutes with commentary on mediation phases.
The videotape is accompanied by a Study Guide. Order Code: VID-02. Price: $100
Settlement-Driven Mediation
Saving the last Dance is a co-operation between The Center for Mediation in Law, the Harvard Negotiation Research Project and the Program on Negotiation at Harvard Law School.
The video, entitled Saving the Last Dance: Mediation Through Understanding, demonstrates the “Mediation through Understanding” mediation model that Gary J. Friedman, Jack Himmelstein, and Robert H. Mnookin have developed over the past several years. Focusing on a dispute between a dance company and its recently discharged choreographer over intellectual property and employment issues, the video alternates between excerpts from the mediation itself and an educational commentary.
The Mediation through Understanding model involves the mediator working together with the parties and their lawyers in plenary session, without caucuses or shuttle diplomacy. In this model, the law plays an essential but not necessarily dominant role. The mediator encourages understanding of differing perspectives, concerns, interests and aspirations. On the basis of this understanding, the participants work through the conflict together -- allowing tension to arise when necessary -- and generate creative options for resolution. The mediation is kept in joint sessions.
Gary Friedman is mediating between Mike (the CEO for the theatre) and Jackie (the former chorographer). Joan is the attorney for the theatre and Conrad is the attorney for Jackie.
Settlement-Driven Mediation
American Bar Association, Section of Litigation and the Center for Continuing Legal Education:
Representing Clients in Mediation, How Advocates can Share a Mediator’s Powers.
As mediation becomes an ever more popular way to resolve legal disputes, lawyers need to learn how to use the process to obtain better results for their clients. This sophisticated video program takes you far beyond the basics to explore how to apply the unique aspects of mediation to enhance your abilities as a negotiator. The video builds on a unique experiment performed at the Program on Negotiation at Harvard Law School, in which four different groups of professional mediators and litigators were asked to mediate the same lawsuit. In an unscripted setting, experienced lawyers and neutrals matched wits with each other as they worked to settle a commercial contract dispute. They achieved very different results. This experiment produced the most realistic video footage ever made of sophisticated mediation advocacy. Drawing on many years of experience as a trial lawyer, mediator and trainer, and combining incisive commentary with striking examples of experienced advocates at work, Dwight Golann shows how advocates can advance their clients goals at all stages of a mediation. This package includes a study guide.
Don’t get confused that new faces are showing up. The same case was mediated in role-plays by four different groups.
Videotraining clips ↓
|
Title:
Mediation in Action:
A Complex Business Dispute
Tape Running Time: 36 minutes
Order by:
CPR Legal Program,
Center for Public Resources,
Inc. 366, Madison Ave. NY 10017,
(212) 949-6490
http://www.cpradr.org/
pubs2004.asp?M=12.1
Mediation in Action Video (PAL),
Order Code: VID-02P. Price: $100
Mediation in Action Video (SECAM),
Order Code: VID-02S. Price: $100
Mediation in Action, DVD,
Order Code: DVD-02. Price: $75
$125.00 (Section of Dispute Resolution)
ABA Mem $175.00 (Regular).
$125.00 (Section of Dispute Resolution)
ABA Members.
Title: Mediation in Action: A Complex Business Dispute
Tape Running Time: 50 minutes
As the copyright owners had wanted not to have vignettes from the video at any website, you should contact hans.boserup@gmail.com for arrangements to the vignettes from the video.
NTSC standard (U.S./Can.):
Non-profit/Edu/Gov $225.00
NTSC standard (U.S./Can.):
For-profit $300.00
PAL standard:
Non-profit/Edu/Gov $225.00
PAL standard:
For-profit $300.00
For ordering information, please visit the
Clearinghouse website,
or telephone directly at 1-800-258-4406
Representing Clients in Mediation: How Advocates Share a Mediator's Powers (DVD Package) Order by: http://www.abanet.org/abastore/index.cfm?section =main&fm=Product.AddToCart&pid= V00RCMD Product Code: V00RCMD V00RCMD 2000 Running Time: 60 minutes 1 hour Sponsoring Entities: ABA Center for CLE, Section of Litigation ABA Center for CLE, Section of Litigation Pricing: $175.00 (Regular) $125.00 (ABA members) |
Stages One and Two: Positions, Interests and Needs - Storytelling
As the lawyer has clarified his client’s position in the opening presentation, often punctuating the story with examples of failure or neglect by the opposing party, the following course often becomes limited by the themes that are presented by the lawyers. The mediator tries to employ a win-win strategy by expanding on those themes via exploring what specific interests and needs lie behind the positions.
Stage Three and Four – Generating Options and Negotiation
In settlement-driven mediation, the mediator is often less concerned than in other mediation about expressing his own substantial attitudes and beliefs about where common ground can be found and agreement can be achieved. Some settlement-driven mediators can be very open about indicating to the parties how he estimates a court of law would evaluate this factual information and which kind of laws the court would employ in deciding this conflict.
Stage Five - Agreement
There is little, if any, difference between the stages of agreement in settlement-driven mediation compared to that in the generic style.
Due to the variety of process, there will most likely be a difference in the content and focus of the agreement concluded respectively in settlement-driven mediation and generic mediation.
Wire Recording
The author strongly advises the mediator to get the parties’ permission to make a recording (via Dictaphone or a wire recorder) of the mediation sessions so that subsequently you can listen to yourself and to the parties’ reaction to your mediation.
Certifying Mediators
As a basis for certification or admission into a professional mediators’ organisation, the author suggests that as an alternative (or in addition) to prescribed education or practical experience, the applicant forward two or three audio recordings of previously conducted mediations.
Stage Five - Agreement
There is little, if any, difference between the stages of agreement in settlement-driven mediation compared to that in the generic style.
Due to the variety of process, there will most likely be a difference in the content and focus of the agreement concluded respectively in settlement-driven mediation and generic mediation.
Court-Annexed Mediation of Appeal Cases
In mediation of appeal cases, one might believe at first glance that the first instance judgement plays a big part. Experience suggests, however, that parties to a wide extent are ready to leave the verdict alone while trying mediation of the appeal case. They normally see the potential in recounting from the very beginning bringing forth new information that was, for whatever reason, not included in the first instance in court.
Exercise
Try to answer the questions below
-
Please state some commonalities and differences between generic and settlement-driven mediation.
-
Please state some commonalities and differences between humanistic and settlement-driven mediation.
-
Please state some commonalities and differences between transformative and settlement-driven mediation.
-
Please state some commonalities and differences between cognitive-systemic and settlement-driven mediation.
-
Please state some commonalities and differences between narrative and settlement-driven mediation.
-
In order to tune into the context or contexts in settlement-driven mediation, what can the mediator do?
-
How is the attitude toward emotional data in settlement-driven mediation?
-
How is the attitude toward empowerment and recognition in settlement-driven mediation?
-
What are the advantages and disadvantages of opening a mediation with a wide focus and a narrow focus, respectively?
-
What are the advantages and disadvantages of conducting a mediation with an evaluative manner and a facilitating manner, respectively?
-
What are the advantages and disadvantages of using the mediator as a messenger between the parties?
-
To what extent is active listening normally adopted in settlement-driven mediation?
-
To what extent do the parties in a court-annexed mediation of appeal cases place significance of the verdict and the exhibits from the case?
-
What role does the court procedure from the first instance play an energy or motivation in mediation of appeal cases?
|
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