Mediation (C & J 320)

Fall 2003

Course Meets August 18-22 8:30-5:00

Sara Raynolds 101

Professor: John Oetzel

Phone: 277-1905

Office: 227 C & J

Office Hours: T 2-4 or by appointment

Email: joetzel@unm.edu

Course Objectives

This course is an introduction to a particular process of conflict management—mediation. The course is practical and interactive allowing opportunities to apply and practice what is learned. The content of the course includes a theoretical overview of conflict and conflict management in a variety of contexts (intercultural, small group, organizations, and interpersonal) as well as an overview of the process of mediation. By the end of the course, you should accomplish the following objectives:

1) Identify key processes and cognitions of conflict using the culture-based situational model

2) Become more aware of your own conflict behavior and how it facilitates/inhibits conflict management

3) Identify the stages of mediation and skills associated with each of the stages

4) Practice these skills in a series of hypothetical mediations

Required Texts:

Domenici, K., & Littlejohn, S. (2001). Mediation: Empowerment in conflict management (2^nd

ed.). Prospect Heights, IL: Waveland.

Ting-Toomey, S., & Oetzel, J. G. (2001). Managing intercultural conflict effectively. Thousand

Oaks, CA: Sage

I will not expect you to read both books during the one-week session. However, I will expect you to read two chapters per night from the Domenici/Littlejohn book M-W (see course schedule for details). In the class schedule, I have noted where relevant chapters relate to the lecture so that you can refer to that material at your leisure (and as you complete the take home exam).

Course Requirements/Policies:

1) This course is an intensive one-week course. You will need to commit to a full 40-hour week of intensive instruction including attendance at all class sessions and completing assigned readings. You will need to not only be physically present, but also mentally present and engage in all activities and discussion. If you cannot commit to this level of involvement, I recommend finding a class that better fits your needs/priorities.

2) I will accept late papers/exams for one week after the due date. I will deduct one letter grade as a penalty. More on assignments below.

3) Academic dishonesty will not be tolerated. You need to do original work and properly cite sources. Be aware of plagiarism--directly copying more than 3 or 4 words from another author without quoting (not just citing) the author is plagiarism. If you copy someone else’s work (a student or a book, etc.), you will receive a zero on that assignment and be reported to the proper school authorities.

4) Qualified students with disabilities needing appropriate academic adjustments should contact me as soon as possible to ensure your needs are met in a timely manner. Handouts are available in alternative accessible formats upon request.

Course Assignments

Take Home Exam 30%

Project/Paper 40%

Attendance/Participation 30%

Total 100%

Grading Scale: 93-100 A 87-89 B+ 77-79 C+ 60-69 D

90-92 A- 83-86 B 73-76 C below 60 F

80-82 B- 70-72 C-

Exam. The exam will be a take home exam that reviews the content of the course. There will some multiple choice/fill in the blank items that will require you to refer to lecture notes as well as the books. These questions will have correct responses. There will also be application and essay questions that will require you to apply concepts to a particular situation or make an argument about some issue. These questions have some correct responses (i.e., you need to use terms correctly), but also involve your opinions. Obviously your opinions cannot be wrong; rather I grade on how well you develop your response. I will expect that you provide evidence (e.g., an example or a citation from a book) to support any opinions that you have. You may submit a hard copy of your exam into my office or via electronically. I will make the exam available as an attachment to an e-mail message on Friday, August 22^nd.

THE EXAM IS DUE BY FRIDAY, AUGUST 29th at 4:00.

Project/Paper. The final assignment in this class is to complete one of the following options. Select the one that best fits your own individual interests/needs.

Book Review. Report on a book from the bibliography at the back of the textbooks (or another book that relates to mediation/conflict management). The book needs to be at least 150 pages (approximately). Read the book and analyze it based on course concepts and principles. Remark on the strengths and weaknesses of the book (focus on content/substance not style). Offer insight on how you can use the book’s perspective in your own life.

Internet Search compilation. Choose a subject relevant to mediation that interests you (e.g., victim-offender mediation, ADA mediation, land use or environmental mediation, family mediation, campus mediation, construction mediation, ethics in mediation, etc.). Do an internet search and put together a portfolio with these items: bibliography of at least 10 pertinent sites with address links in the text, essay indicating what you learned from this search, and how you can use this information. List the bibliography on a separate sheet as an appendix (include the URL so that I can access them).

Traditional research paper. Choose a topic related to mediation/conflict management that is of interest to you (e.g., intercultural conflict styles, conflict in work groups, design systems for conflict management in organizations, characteristics of effective mediators, etc.). Conduct a library/internet search for at least 5 scholarly articles on the subject (you may need to include more articles to help make your arguments). These articles should be at least 10 pp. in length and come from academic journals (not popular press). Synthesize the findings in these articles into a coherent whole. I’m looking for you to identify key trends/ideas that you learned from this literature.

Grading Standards and Requirements. All of the essays should be 6-9 pp. double space types. Your project can be submitted via e-mail or in person (if you submit by e-mail, I’ll send you a notice that I received your paper. If you do not hear from me within 48 hours (not counting weekends), contact me via phone.

THE PROJECT/PAPER IS DUE BY FRIDAY, SEPTEMBER 26^th at 4:00.

All of the essays are graded on the same criteria: (a) grammar/spelling, (b) organization (introduction, body, conclusion; transitions are present; the body has a logical and coherent flow), (c) accuracy in using concepts, (d) originality of analysis (i.e., I expect you to offer your own insights and arguments about what you are reading), (e) depth of critical thinking, (f) quality of arguments—using evidence to support opinions, and (g) following instructions. Here is a description of the difference between A, B, C, D, and F papers. Use these descriptions to guide your writing.

An “A” paper will be a paper that is superior. It will address all of the issues assigned (i.e., directions are followed). The writer will demonstrate exceptional fluency and use of language. The paper will be distinguished by the quality of its content, the amount of detail used to support or illustrate its central ideas, and the coherency of the analysis presented. It will contain very few grammatical errors. It will include original analysis of the theories/concepts (not repeating what it covered in class or the texts). It will accurately cite courses (using APA or MLA style; this means citing them in text as well as including a reference list) and use the sources well. That is, there is a good amount of substance from the sources and it is accurate. The sources are strong, academic sources. Finally, the paper will be well organized with a clear purpose/thesis statement, clear topic sentences for paragraphs, good transitions, and good previews and reviews of main points.

A “B” paper will be above average. It will be well organization and developed, and it will demonstrate a clear understanding of the assignment (i.e., all issues are addressed—directions followed). Although it may contain minor flaws, the writing will exhibit an ability to use the language effectively and the analysis presented will be relatively coherent. It will include original analysis of the theories/concepts, but not quite as compelling as an A paper (e.g., not as well supported with evidence). It will accurately cite courses (using APA or MLA style; this means citing them in text as well as including a reference list) and use the sources well. The amount of substance is strong, but not as well developed as an A paper and there may be minor flaws in the evidence. The sources are strong, academic sources. Finally, the paper will be well organized, but with some minor flaws in organization (presented above).

A “C” paper will be an average paper. It will demonstrate an adequate level of organization and development. It will contain enough specific information to illustrate a described experience or a proposed argument. Although the paper may contain writing errors, they will not be serious or frequent enough to distract the reader from the content. All issues must be addressed for it to receive a “C” (i.e., you must follow directions to get a C). The analysis is largely repetitive with what is presented in class or texts and thus is not original. Sources are not cited properly or the amount of substance from the sources is limited (An example of limited substance is using one quotation—usually a definition--from the source to show you used it in order to count as one of the required sources.). All of the sources are not strong academic ones. Finally, the organization has some flaws. For example, main points may not be clear, the paper lacks a thesis, etc.

A “D” paper will be below average. It will reveal one or two of the following weaknesses: (1) all objectives of the assignment are not addressed (you didn’t follow directions), (2) serious problems of organization or focus, (3) insufficient information to illustrate experiences or support the arguments, (4) serious problems in sentence structure, (5) errors in writing that are sufficient to distract the reader from the content of the paper, (6) not enough outside sources (or none), and (7) lacking original analysis.

An “F” paper will demonstrate little understanding of the assignment or the mechanics of writing. Essentially, it will include three or more of the weaknesses presented in the “D” paper.

Attendance/Participation. Since participation and attendance are so critical in this class, I will take great efforts to monitor these aspects. Specifically, I will take attendance every day and monitor who leaves early. I will also pay attention to your level of engagement in class. If you are not engaged (judged by sleeping, daydreaming, not participating in activities, not paying attention to lectures, etc.), I will count that as an absence (only for that portion you aren’t engaged—e.g., if you fall asleep for an hour, I’ll only count that as an hour absence).

I will allow you to choose your own participation/attendance grade given the following standards:

For an A grade, you will need to be in attendance for all 40 hours (all 5 days) and complete 4 reflection papers (see below for guidelines).

For a B grade, you will need to be in attendance for 36 hours and complete 3 reflection papers.

For a C grade, you will need to be in attendance for 32 hours and complete 2 reflection papers.

For a D grade, you will need to be in attendance for 28 hours and complete 1 reflection paper.

An F grade is anything less than the D.

Reflection Papers. To help you engage in the material, I will require you to complete four short reflection papers about course content, activities, and practices. These reflection papers should be 1-2 page double-spaced typed (I expect that you can complete these in an hour to hour and a half max). Two of these papers should reflect on the information presented during lectures on days 1, 2, or 3 (select one lecture/activity that lasts no more than 90 minutes). I want you to think about the information and reflect on its importance and applicability to your own conflicts. The other two papers should reflect on the mediation practices (one in your role as mediator and one in your role as disputant or observer). Use the attached handouts to guide your papers. To count, these papers must meet minimum standards—all questions are addressed, the answers are relatively free of grammatical errors, and the answers demonstrated that you have given some thought to the questions (i.e., 1-2 word answers don’t count).

THESE PAPERS ARE DUE ON THE FOLLOWING DATES (AT BEGINNING OF CLASS UNLESS OTHERWISE NOTED):

REFLECTION 1 (TUESDAY 19^TH)

REFLECTION 2 (WEDNEDSAY 20^TH OR THURSDAY 21^ST)

REFLECTION 3 (FRIDAY 22^ND)

REFLECTION 4 (MONDAY 25^TH)

Mediation Reflection Form (use this form when you are a disputant or observer)

Your Name and Role:

Mediator’s Names:

Observers’ Name

Coach’s Name (if relevant):

Describe what took place during each of the following mediation stages and give examples:

I. Introduction: What did the mediators say and do?

II. Storytelling: What were the positions/interests of each disputant? What did the mediators do and say to get at these positions/interests? Provide one example to illustrate at least three of the following (clarifying, reframing, acknowledging, saving face, listening, reflecting, questioning to elicit interests).

III. Problem Solving: What did the mediators say and do balance power and explore options (brainstorm)? Did they caucus? Provide concrete examples.

IV. Resolution: What did the mediators say and do to help formulate an agreement? (e.g., reality testing and contract)

Using the characteristics of constructive mediation (safe environment, collaborative communication, face management, process management, and power management) (p. 46 of Domenici/Littlejohn), discuss how effective the mediators were.

Mediator Reflection Form (use this form when you are a mediator)

Your Name and Role:

Mediator’s Names:

Observers’ Name

Coach’s Name (if relevant):

The focus of this reflection is on your skills as a mediator and the mediation process, not the disputants’ conflict (which may or may not have been resolved).

1. What do you think went well for you as a mediator?

2. How well did you work together with your co-mediator?

3. What was challenging for you?

4. Did you find yourself slipping into the role of judge, advisor, parent, sympathizer? Is so, what did you do to change your role?

5. Did you say or do something that had a different effect than what you had anticipated? How did you deal with it when it happened?

6. What were the interests/positions for each party?

7. What are the things you will pay attention to the next time you mediate?

8. What are some things that you felt your co-mediator did well? Why?

Content Reflection Form (use this form for reflecting on the course material)

Lecture Topic:

Date and Time:

1. Describe the concepts, processes, theory, model, or principles.

2. Provide a concrete example from your own life that illustrates these ideas.

3. Was there an activity involved? What was your reaction to the activity (both emotional and intellectual reactions)?

4. What did you think of the material presented? (useful, important, insightful, boring, irrelevant to your life, culturally biased, etc.)

5. How can you use this information in your own life?

Practice Mediations

In the class mediation sessions, you will have two assignments as a mediator, two as a disputant and one as an observer--each of these roles provides valuable learning about the mediation process. I will give you information about your role only a few minutes before the start of the mediation in most cases (over night or over lunch for a couple others). If you are a disputant, you will also receive a description of a role to think about prior to our class session. It is very important for disputants to contemplate their role for as long as possible prior to the mediation.

Approach our mediation practices as if they are actual mediations. Everyone: STAY IN ROLE. It will disturb the mediation process if you step in and out of your role. Be patient with yourself and others in your group and stick with your role.

YOUR ATTENDANCE IS CRITICAL. BE SURE TO BE IN CLASS AND BE ON TIME.

We have about 1 hour and 30 minutes for the practice mediations (60-70 minutes for the mediation and 20-40 minutes for discussion/coaching). You do not need to complete the mediation in this time. There is no penalty if you do not reach an agreement. Mediations should not be rushed. Use the time available. Do not “push” the mediation in order to finish early and don’t push the disputants to reach an agreement - that’s their decision.

1. Come to class, prepared to give full attention to the role assigned to you. Stay centered and focused on the mediation. Do not “space out”. One of the skills of mediation is listening. You may be surprised at how drained you feel after the mediation. This is exactly how you should feel!

2. Mediators: You will not have any information about the issues of the mediation. You should plan to take several minutes prior to the start of the mediation to talk with your co-mediator about the session. At the end of the session, you will be asked to describe how you perceived the mediation and your own mediation actions.

3. Observers: When you are an observer, you need to maintain attention to the process of the mediation. Listen for examples of behaviors listed on the Mediation Reflection Form (or on the observation form in the appendix of Domenici/Littlejohn). Also listen for points in the mediation where there appears to be movement forward - a “shift” in the mediation. Sit back from the mediators and disputants. You may take notes, but don’t distract the group. At the end of the session, be prepared to offer specific comments on what the mediators did that helped the process, on any shifts you observed, and on observations and impressions you have about the mediation.

4. Disputants: Read the description of the role and be think about how the person in that role would act, feel and respond. During the mediation, stay in your role and be as realistic as possible (i.e., most people are not easily or quickly persuaded to change their minds, and most are not 100% resistant to hearing out the other party). If a M or a D offers comments that you feel would allow or encourage you to have a somewhat different viewpoint, then proceed in that direction. For the role assigned, think about what your interests are. Act as if you are actually in this dispute and respond to the other party as realistically as you can. At the end of the mediation, you will be asked to stay in role and to describe how you feel about the mediation and to compare your sense of things at the start of the mediation and at the current point/conclusion of the mediation.

5. There will be a coach assigned to your mediation group for two of the sessions. This person is an experienced and practicing mediator. Your coach will ask for your comments about the mediation and will offer comments at the end of the practice session. The coaches may also offer some comments during the session and, if so, see if you can follow the suggestion offered.

6. During sessions where a coach is not present, you will be responsible for the discussion itself. The observer should be the facilitator of this discussion. Start by asking the mediators and disputants for their feelings, thoughts, and reactions. Then, observers should offer concrete feedback based on the “mediation reflection form” or observational form. All parties should talk about what worked, what didn’t, and what you’d do differently in the future. Again, observers are responsible for facilitating the discussion and it should last a minimum of 20 minutes. Observers are also the time keepers.

Time	Monday	Tuesday	Wednesday	Thursday	Friday
8:30	Introduction to Course	Conflict in Interpersonal Relationships (Ch 3 TT/O)	Stage 2: Acknowledging, Questioning	Analyzing Mediation	Practice 2 (8:30-10)
9:00	Introduction to Each Other & Conflict (Ch. 1 both books)	Conflict in Work Groups (Ch 4 TT/O)	Stage 2: Reframing and Reflecting	Mediation Demonstration (9-11)
10:00	Conflict Emotions	Conflict in Organizations (Ch 5 TT/O)	Stage 3: Issues/Positions		Practice 3 (10:15-11:45)
11:00	Lunch (10:45-12:15)	Introduction to Mediation	Stage 3: Power Balancing and Brainstorming	Debriefing
12:00	Conflict Styles	Lunch	Lunch	Lunch	Lunch (11:45-12:30)
1:00	Conflict Styles (12:15-1:45)	Mediation Stages	Stage 3: Caucusing	Ethics and Mediation	Practice 4 (12:30-2)
2:00	Conflict Model (Chapter 2, T-T/O; 2-3:30)	Stage 1: Introductions (2-3:30)	Stage 4: Reality Testing	Practice 1 (2-4)
3:00	Culture & Conflict (3:45-5)		Stage 4: Contracts		Practice 5 (2:15-3:45)
4:00	Culture & Conflict	Stage 2: Listening (3:45-5)		Debriefing	Course Wrap-up
Readings	2-3 D/L	4, 5 D/L	6, 7 D/L