Mediation Theory & Practice
CNCM 515.185, Spring 2007
Thursdays, 5:30-8:00 pm, Academic Center Room 405
Center for Negotiations & Conflict Management
Division of Legal, Ethical, and Historical Studies
University of Baltimore
…
John Windmueller, Ph.D.
E-mail: jwindmueller@ubalt.edu
Telephone: (410) 837-5329
Office: 201B, Acad. Center
Office hours: Tuesday-Thursday, 2:30-4:30pm, or by appointment
COURSE INTRODUCTION
This course is designed to provide students with an overview of mediation as a form of conflict
intervention. The course material covers the process of mediation in great depth, starting with the
history and development of mediation as an important dispute management and conflict resolution
tool. Students will analyze and practice each of the stages of the mediation process, and they will
critically examine the mediator role.
The course will cover multiple approaches to mediation, including the emerging practices of
transformative and narrative mediation. We will look at the role mediation plays in different conflict
management systems and contexts (court, community, labor-management, environmental, etc.), and
we will explore the controversies, debates, and trends in professional mediation practice.
In tandem with our theoretical study of mediation, we will work on building mediation skills and
abilities. Toward that, classes will often include skill-building exercises, conflict role-plays, and case
study simulations.
At the end of the course:
 You will have a thorough knowledge of the mediation process, mediation’s history, and the
third-party mediator role.
 You will be able to make informed decisions about when mediation is (and is not) an
appropriate intervention model for a conflict.
 You will be familiar—both in theory and practice—with multiple mediation approaches and
models.
 You will have developed conflict resolution skills that are critical for serving as a mediator
and that have broader, general conflict management and resolution applications.
COURSE MATERIALS
Required texts (available in the UB bookstore):
Bush, R. A. B., & Folger, J. P. (2005). The promise of mediation: The transformative approach to conflict (Rev. ed.).
San Francisco: Jossey-Bass.
Moore, C. (2003). The mediation process: Practical strategies for resolving conflict (3rd ed.). San Francisco: JosseyBass.
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Schrock-Shenk, C. (Ed.). (2000). Mediation and facilitation training manual: Foundations and skills for
constructive conflict transformation: Mennonite Conciliation Service.
Recommended text:
Lang, Michael D. and Taylor, A. (2000). The making of a mediator: Developing artistry in practice. San Francisco:
Jossey-Bass
** Additional required readings will be passed out in class or distributed via the course web page.
ACADEMIC POLICIES AND RESOURCES
Academic Honesty and Collaboration
Plagiarism is a serious offense, and all written work for this course should include appropriate
citations in APA format. If you are unsure about how to cite a direct quotation or concept from course or outside
readings, then ask for help. “I wasn’t sure how to cite a source, so I left out the reference,” is not an
acceptable defense for plagiarism. If you are caught plagiarizing in an assignment, then you will
receive a failing grade for the work. Egregious or any repeat plagiarism will be grounds for failing the
course as a whole.
Beginning this semester (Fall 2006), UB requires all new and readmitted students to complete the
University’s On-Line Plagiarism Tutorial. You can access the tutorial from your MyUB page or at
http://www.ubalt.edu/plagiarism/.
For individual class assignments, you may discuss your ideas with others or ask for feedback;
however, you are responsible for making certain that there is no question that the work you hand in
is your own. You may not submit papers or presentations from other courses to fulfill assignments
for this class.
For group class assignments, the names of all participants should appear on the work. While it is fine
for groups to divide project work among team members, the final product that is submitted should
represent a single, conceptually-linked piece of work. With rare exception, each student working in a
group is given the same grade for an assignment. If a group is having trouble with a member not fulfilling
their work obligation, then the group needs to bring the problem to the instructor’s attention immediately.
Late Work
Class assignments that are submitted late will be penalized by one letter grade for each day they are
late. If a student has a documented emergency, special arrangements can be made with the
instructor.
Paper Format
Papers for the course should be typed, double-spaced, have 1” margins, and use a common 12-point
font. The pages should be numbered and stapled together. Papers should have a title, include your
name and the instructor’s name, and consistently follow the APA academic citation format.
For work submitted online, the same formatting and citation requirements apply. Files must be in
either Microsoft Word (.doc), Adobe Acrobat (.pdf), or rich text (.rtf) format. Please be sure to
include the file extension to identify what sort of document you are submitting.
CNCM 515, Spring 2007
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Document Retention
Throughout the semester you are responsible for saving a backup copy of all work you submit for
this course.
University of Baltimore Student Handbook
For general academic policies of the University of Baltimore, please consult the UB Student
Handbook (http://www.ubalt.edu/template.cfm?page=95).
UB Academic Resource Center
While writing quality is not the primary focus of the course, being able to communicate clearly is an
important ability for conflict resolvers, and writing quality will be considered in evaluating course
assignments. If you find yourself having difficulty with the writing components of the class, then
please consider using UB’s Academic Resource Center (ARC). ARC consultants are available to help
with reviewing and editing your work. You reach ARC by going to AC 111, calling 410-837-5383, or
e-mailing arc@ubalt.edu. You can also locate more information about the ARC writing services on
their web page (http://www.ubalt.edu/template.cfm?page=955).
Assignments and Evaluation
Participation
10 %
Course attendance is expected and is part of your participation grade. Because this course includes
experiential and active learning designed to build mediation skills and abilities, active participation is
critical, and just showing up for class does not represent ‘A’ participation work. Students are
expected to complete their reading assignments on time and to participate actively in class
discussions and exercises.
Reflection Papers
20 %
Approximately once every three weeks there will be prompts for a short (3-5 page) reflection paper.
These reflection papers should draw heavily on course discussions, in-class exercises, and course
readings. You will often be sharing these papers with your peers for review and discussion.
Class Debate
20 %
We will have a series of in-class debates focused on pressing issues and competing approaches to
mediation (e..g. Resolved: There should be a system of national credentialing and certification for
mediators.). Students will be paired into teams. Each team will responsible for preparing a case
and supporting evidence for their side of the debate. Debate rounds will be conducted in class.
Grading is done based on the quality of preparation and presentation, not on which team wins a
given round.
Practitioner Interview & Research Paper
30 %
You will identify and interview a mediation practitioner. The purpose of the interview is two-fold:
(1) for you to explore a career path in the field, and (2) for you to gain insight from a conflict
mediation practitioner into a particular mediation-related issue or context that you wish to learn
more about. Your summary write-up for the interview should be 6-8 pages and should include
references to outside research and readings on the issue you chose to explore. You will present your
paper on whichever mediation context day it best fits (4/26, 5/3, 5/10).
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Final Exam
The written exam for this course will be an open-book, take home essay exam.
20 %
Notes about grading:
1. I do not grade on a curve for any assignment. Students are not in competition with one another.
2. Simply fulfilling the basic requirements of an assignment is not “A” (exceptional) work.
Class Topics & Readings
This is the draft of core course readings. Each week there will be additional required and/or
recommended readings located on the course website.
Date
2/1
2/8
Class Introduction
Mediation: History & Overview
2/15
The Mediator Role; Mediation Intake & Preparation
2/22
Moore, Chapter 1-2
Storytelling Stage: Facilitating Empathy & Trust
3/1
Moore, Chapters 3-4
Bargaining Stage: Facilitating Interest-Based Negotiations
3/8
Settlement Stage: Finding and Facilitating Agreements
3/15
Adding Complexity to the Model; Introducing Contending Approaches to
Mediation
3/22
3/29
SPRING BREAK – No Class
Transformative Mediation
4/5
Narrative Mediation
4/12
4/26
Debate 1
Contending Approaches to Mediation
Neutrality
Debate 2
Mediator Credentialing
Quality of Practice
Mediation in the Court & Community Setting
5/3
Mediation in the Workplace & Labor Management
5/10
Environmental & Policy Mediation
4/19
Topics
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5/17
Final Exam Due (no class)
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