Write about how the conflict would look from the perspective of both disputing parties as well as the
mediator. I want you to pick a conflict from your workplace, from your
community, or from your personal life that either you were yourself involved
with, or at least know enough about the situation to describe it. Then I want
you to think about how the conflict could be mediated. If this conflict has
been resolved, you can script its resolution, or if you would have liked to see
it resolved differently or if it did not reach resolution, narrate a solution
that you would have liked to see. I realize that some of the information in the
midterm will therefore have to be embellished or fabricated. Write your midterm
describing the following:
1. Provide a brief overview of
the conflict you will be mediating.
2.
What kind of preliminary arrangements would you make as a mediator to
ensure a resolution to the dispute (where would the mediation be held, what
parties would constitute the disputants in this case, how would you arrange the
room, what kind of schedule would you keep to, etc.)?
3.
As a mediator, what kind of preliminary/introductory statement would
you prepare to set the stage/context for the mediation process (feel free to
use the one I handed out in class as a guide, but do NOT just repeat
it–develop your own using your style, tone, emphases, etc.)?
4.
What might be the initial statements made by each of the parties? Get
into their heads as you describe the dispute from the viewpoint of each
disputant. You may either narrate what the two disputants would say in their
initial statements and in the negotiation process, or you may script the whole
interaction between the disputants and the mediator. Either method is
acceptable.
5.
Describe as part of the negotiation/problem-solving process the
following issues:
·
How might the mediator separate the positions taken by the disputants
in their initial statements, from the underlying interests of the parties? What
kind of questions could you as a mediator ask to get at root interests?
·
What “mutually acceptable standards” you could raise as the
mediator to help the disputants move from blaming each other, to assessing the
information provided by “objective” or “expert” outsiders?
·
What might be the BATNAs of each of the parties (i.e., Best
Alternatives to a Negotiated Agreement)
·
Brainstorm possible creative/innovative, yet mutually acceptable,
solutions
6.
Write up a possible written agreement that would be acceptable to both
parties. Make sure you include specific steps to be taken by each party,
timetables, and possible recourse if either party does not live up to their end
of the bargain.
7.
Finally, address the issues of power. In the dispute that you have
written about, did the parties have equal status/power at the negotiation
table? If not, how might that have affected the outcome of the mediation
process? What, if anything, can a mediator do to compensate for the unequal
power positions of two disputants?
8.
Provide a Bibliography for your midterm exam if you utilize or
reference sources related to mediation/conflict resolution or the issue you are
analyzing.
