Forthe midterm, I would like you to create a document that draws from your ownpersonal experience with conflict situations, and write about how the conflictwould look from the perspective of both disputing parties as well as themediator. I want you to pick a conflict from your workplace, from yourcommunity, or from your personal life that either you were yourself involvedwith, or at least know enough about the situation to describe it. Then I wantyou to think about how the conflict could be mediated. If this conflict hasbeen resolved, you can script its resolution, or if you would have liked to seeit resolved differently or if it did not reach resolution, narrate a solutionthat you would have liked to see. I realize that some of the information in themidterm will therefore have to be embellished or fabricated. Write your midtermdescribing the following:
1. Provide a brief overview ofthe conflict you will be mediating.
2. What kind of preliminary arrangements would you make as a mediator toensure a resolution to the dispute (where would the mediation be held, whatparties would constitute the disputants in this case, how would you arrange theroom, what kind of schedule would you keep to, etc.)?
3. As a mediator, what kind of preliminary/introductory statement wouldyou prepare to set the stage/context for the mediation process (feel free touse the one I handed out in class as a guide, but do NOT just repeatit–develop your own using your style, tone, emphases, etc.)?
4. What might be the initial statements made by each of the parties? Getinto their heads as you describe the dispute from the viewpoint of eachdisputant. You may either narrate what the two disputants would say in theirinitial statements and in the negotiation process, or you may script the wholeinteraction between the disputants and the mediator. Either method isacceptable.
5. Describe as part of the negotiation/problem-solving process thefollowing issues:
How might the mediator separate the positions taken by the disputantsin their initial statements, from the underlying interests of the parties? Whatkind of questions could you as a mediator ask to get at root interests?
What “mutually acceptable standards” you could raise as themediator to help the disputants move from blaming each other, to assessing theinformation provided by “objective” or “expert” outsiders?
What might be the BATNAs of each of the parties (i.e., BestAlternatives to a Negotiated Agreement)
Brainstorm possible creative/innovative, yet mutually acceptable,solutions
6. Write up a possible written agreement that would be acceptable to bothparties. 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 endof the bargain.
7. Finally, address the issues of power. In the dispute that you havewritten about, did the parties have equal status/power at the negotiationtable? If not, how might that have affected the outcome of the mediationprocess? What, if anything, can a mediator do to compensate for the unequalpower positions of two disputants?
8. Provide a Bibliography for your midterm exam if you utilize orreference sources related to mediation/conflict resolution or the issue you areanalyzing.
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