Conflict Resolution Center

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Conflict Resolution Center
Rule 114 Certified Basic Mediation Skills Class and Mediation Clinic
Syllabus -- Fall 2012 & Spring 2013
Professors Karmit Bulman and Mitch Zamoff
Scope of Course: Conflict Resolution Center (CRC), one of Minnesota's oldest mediation
organizations, is offering a Rule 114 certified 30-hour comprehensive mediation skills training.
Students completing and passing this course will be eligible to be listed on the Minnesota Rule 114
Roster of Qualified Neutrals and will be eligible to enroll in the second semester Mediation Clinic.
This course features classroom instruction and interactive exercises in mediation and restorative
justice. There will be opportunities for mediation observations from CRC community and court
cases. The facilitative model of mediation will be emphasized, along with basic information about
other mediation styles and models. The course will cover conflict theory, styles of conflict resolution,
restorative justice theories and practice, statutes and rules governing mediation, ethical considerations,
cultural considerations in mediation and applicability of facilitative community mediation in housing,
family, juvenile, criminal, school, business, elder and employment arenas. Most classroom time will be
spent on interactive role plays and exercises with extensive coach/instructor feedback. Some lecture
and discussion time will also be provided.
Course Goals: Each student will be able to qualify for Rule 114 Qualified Neutral status upon
successful completion of this course. Students will gain an in-depth understanding of the facilitative
model of mediation and have general knowledge of other mediation styles. Students will role play and
practice mediation skills and should be ready to enter the apprenticeship phase of mediation by the
second semester of the course (clinical phase). Students will be eligible to enroll in the mediation clinic
upon successful completion of the Rule 114 Mediation Course.
Required Texts:
Beer & Steif, THE MEDIATOR’S HANDBOOK (“Mediator Handbook”)
Bulman, THE CONFLICT RESOLUTION PROCESS (readings from this text will be assigned in class
by the instructors)
Menkel-Meadow, Love & Schneider, MEDIATION: PRACTICE, POLICY AND ETHICS
(“Mediation Textbook”)
The instructors will also post on TWEN a notebook of materials and forms as well as various articles
and worksheets throughout the course of the semester.
1
Mediation Journal:
Students will keep a mediation journal containing their reflections on class exercises, mediation
simulations and clinical observations. The journals enrich the educational experience by providing
students with the opportunity to critically analyze their experiences as an observer of or participant in
an actual or simulated dispute. Good journal entries will incorporate concepts covered in assigned
readings and class discussion. Journal topics will be assigned on a weekly basis by the course
instructors.
Grading (Fall):
Final role play critique
Role plays and class participation
Mediation journal
40%
40%
20%
Grading (Spring):
The grading criteria for the clinical part of the course in the spring semester will be discussed in detail
at the beginning of the spring semester but will consist generally of performance in actual mediations,
case intake activities, client interaction, professional office demeanor, and other work performed at or
on behalf of Conflict Resolution Center, as well as the quality of mediation journal entries.
In the spring semester, under the supervision of the instructors, students will be required to mediate at
least three disputes and observe at least three mediations. They must also participate in at least one
court-based mediation session in housing or harassment court. Students will be required to identify
one day per week when they will be available and on-call to take mediation assignments. Students
should not take this course if they have spring scheduling conflicts that will prevent them from
fulfilling these requirements.
2
Weekly Topics & Assignments:
Week 1 (Sept 6):
Mediation overview; anatomy of mediation; appropriate situations for
mediation; mediation styles. Perceptions of the process. Conflict theory and
analysis. Conflict Styles Inventory and exercise (upstairs/downstairs).
Assignments: Mediator Handbook 1- 24
Mediation Textbook 3-18, 91-123, 271-86
Thomas-Killman Conflict Styles Inventory (in class)
Week 2 (Sept 13):
Setting the stage. Agreement to mediate. Opening statements. Co-mediation
model. Uninterrupted time. Observation of simulated mediation session.
Assignments: Mediator Handbook 27-36
Mediation Textbook 219-25, 256-64
Week 3 (Sept. 20):
Mediation statutes and rules. The mediation exchange. Listening skills exercise.
Asking the right questions. Note-taking. Role Plays (landlord-tenant) and
feedback.
Assignments: Mediator Handbook 37-45; 105-106
Mediation Textbook 215-19, 225-34, 593-98, 621-29
Minnesota Rule 114
Week 4 (Sept. 27):
What is neutrality? Staying Impartial. Giving good attention. Values/beliefs &
mediation. Mediator tool box. Role plays & feedback.
Assignments: Mediator Handbook 67-83
Mediation Textbook 157-80, 343-53
Week 5 (Oct. 4):
Positions and Interests (Cadre Video). Negotiation exercise (Ugli Orange).
Reframing; paraphrasing; summarizing. Role play (neighbor-neighbor
scenario) & feedback.
Assignments: Mediator Handbook 46-64; 89-95; 110-123.
Mediator Textbook 37-87
Week 6 (Oct. 11):
Setting the agenda. Building the agreement. Writing the agreement. Role play
(employer-employee) & feedback.
Assignments: Mediator Handbook 124-127.
Mediation Textbook 234-44, 248-51
3
Week 7 (Oct. 18):
Use of caucus. Confidentiality of mediation.
Termination of mediation. Role play & feedback.
Working through impasse.
Assignments: Mediator Handbook: 96-100
Mediation Textbook: 245-48, 317-42
Impasse is a Fallacy by Lee Jay Berman
Week 8 (Oct. 25):
Ethical concerns. Ethical exercises. Schedule observations.
Assignment: Mediation Textbook 353-78
Week 9 (Nov. 1):
Court mediation. Community mediation. Restorative justice. Mediation and
other hybrid ADR applications in litigation settings.
Assignments: Mediation Textbook 379-408
Community Mediation & The Court System: The Ties That Bind
by Tim Hedeen & Patrick G. Coy
Week 10 (Nov. 8):
First observations completed. Analysis of observations. School mediations.
Role of lawyer/advocate in mediation. Role play (victim-juvenile offender) &
feedback.
Assignments: Mediator Handbook: Review entire Handbook.
Mediation Textbook 196-214, 417-36
Week 11 (Nov. 15):
Cultural and cross-cultural understanding. School mediation role plays &
feedback. Critiques of mediation.
Assignment: Mediation Textbook 253-56, 290-301, 539-50
Nov. 22:
Thanksgiving. No class.
Week 12 (Nov. 29):
Second observations completed. Analysis of observations. Final role plays and
instructor critique.
Week 13 (Dec. 4):
Final role plays & instructor critique. Presentation of mediation certificates.
4
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