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Mediation


Write a three to four-page essay setting forth your interpretation and critical analysis of the reading assignment and media resources. Discuss the assigned case study (The Saving Kids Project Case) with regard to the principles and concepts relating to the application of mediation models and ethical standards. Address which model would best serve the parties to the dispute as well as ethical concerns of neutrality, power balancing, and confidentiality.

Guiding Questions to Consider as You Read and Explore the Internet

What is the purpose of mediation according to the conciliation theory?
What is the purpose of mediation as stated by the problem-solving theory?
What are the three substantive mediation models and the overriding purposes of each?
How do the roles of the mediator differ among the three substantive mediation models?What roles do the parties play during the mediation process according to each model?
What is party empowerment and recognition?
What are the phases in the balanced mediation model? Why does the transformative model avoid using a structured, phased approach during the mediation process?
Why do the authors ofThe Promise of Mediationsupport the transformative model and reject the settlement-oriented model?
According to the authors ofThe Promise of Mediation, a mediator cannot effectively use a balanced approach ( the approach advocated by the authors ofMediation Theory and Practice) or shift between various mediation models during a mediation session. What are the arguments for and against this assertion?
What ethical issues must a mediator consider?
What ethical considerations are addressed by theModel Standards of Conduct for Mediators?
What difficulties surround the ability to be a neutral and impartial mediator?

Required Media Resources

http://www.transformativemediation.org/

Homepage of the Institute for the Study of Conflict Transformation. Site discusses the evolution of the transformative model as well as upcoming transformative mediation initiatives.

http://www.beyondintractability.org/essay/transformative-mediation

This site provides an article that compares the transformative and problem-solving/settlement-oriented models.

https://learn.ou.edu/content/enforced/215414333747.201520/Mediation_ModelStandardsofConductforMediators.pdf?_&d2lSessionVal=jfMmaGtS5vnVfpypsyc3wPW4V

This document provides an updated version of the ethical guidelines pertaining to mediators. The American Bar Association, American Arbitration Association, and Association for Conflict
Resolution jointly drafted the guidelines.

 

 
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