GRADUATE PROGRAMS IN COEXISTENCE AND CONFLICT

HS (TBD)– Advanced Mediation, Skills, and Practice

SYLLABUS AND READING ASSIGNMENTS

MODULE II, SPRING 2016

Instructor: Professor Theodore A. Johnson, JD, MALD, PhD.

Class Time:Thursdays, 2pm to 4:50pm

Location:TBD

Contact information for Prof. Johnson

Office Hours: TBD

Office:Heller-Brown 348

Email:

Phone:x 65023

Teaching Assistant: TBD

Email: TBD

COURSE DESCRIPTION and Overview

This course has been designed for students wanting to develop deeper intellectual, analytical and professional skills in the areas of domestic and international mediation. The sessions are particularly focused on disputes or conflicts that introduce the involvement of multi-party and multi-issue dynamics. This necessarily involves increased levels of complexity while still being supported by many of the basic foundational principles learned in the introductory mediation course. The departures occur with the increase of additional actors and intersections needing more complex analysis and multi-track pathways toward a range of potential traps and/or outcomes. It is hoped that students will learn that complexity does not stifle or prevent resolution of conflict, but that it introduces the requirement of a more focused and systematic application of skills, tools, and practices that have been proven to be effective over time.

During the course, students will work with five complex mediation/negotiation role-plays involving issues of development, public and environmental issues, identity and quality of life, community and restorative justice and some of the challenges affecting sexual harassment. Due to the complexity of these issues and the need for thorough preparations, mediation simulations and thorough debriefs, some role-plays will span two class sessions.

During the first two sessions, students will explore the basic concept of analyzing outcomes based on a point scoring system. The simulation for these sessions can lead to the formation of positive and or negative coalitions; students will assess the utility of such coalitions. In the third session, students will deal with the complexity of a regional development, economic and environmental dispute.Students will learn to look below the surface of such agreements and will gain practice by working through the range of issues. Sessions four and five address how the role of personal and group identity is impacted by the concept of dignity. A two-session role-play will illustrate these concepts and demonstrate the need for skilled mediators in the role of facilitators and problem-solvers. Session five takes up the issue of “restorative justice” and provides a mediation exercise designed to integrate various community members with a criminal actor and the victims. The final role-play in this module focuses on the issue of sexual harassment. While overall statistics show approximately a 50% success rate in finding satisfactory outcomes in mediation stemming from sexual harassment, it remains a viable option for some individuals in the appropriate setting. This session will examine the necessary factors and potential for satisfactory outcomes in this area. During the class and with students’ consent, some of the preparation and mediation sessions will be video taped and used during de-briefs as potential learning tools to polish skills and practices.

Course Goals and Learning Objectives

Course Goal 1: Students will learn how to use the concept of conflict analysis to evaluate their personal and organizational interests in preparation for multi-party and multi-lateral mediation/negotiation processes.

Learning objectives: Students will learn how to do the following:

  1. Develop a systematic analytical approach in a mediation/negotiation setting.
  2. Think through the difference between a stated position and an interest or need.
  3. Understand a range of options to satisfy other’s interests, rather than theirdemands.
  4. Express one’s own interests while also inquiring into the interests of others.

Course Goal 2: Students will learn how to form and participate in coalitions – either to strengthen opportunities to meet their own interests or to prevent others from undermining the achievement of common interests.

Learning objectives: Students will learn how to do the following:

  1. Evaluate the relative strength, value and power ofother parties perspectives.
  2. Conduct an interest analysis and engage in conversations to build coalitions.
  3. Conduct a comparative analysis among potential outcomes and make wise choices.

Course Goal 3: During this course, students will gain the skills to locate, gather and use information in an intellectually capable and responsible manner.

Learning objectives: Students will learn how to do the following:

  1. Develop the skill of using precise language to frame issues.
  2. Organize and successfully use caucuses.
  3. Become fluent with the structure of effective meeting design.

Course Goal 4: By the end of this course, students will develop an expanded concept of mediation as a tool for both resolving differences and building resilient communities.

Learning Objectives: Students will learn how to do the following:

  1. Adapt their approaches when dealing with a community-based mediation.
  2. Apply their skills in leading dialogue and facilitative problem-solving sessions.
  3. Employ mediation skills assisting communities to clarify their interests and concerns.
  4. Evaluate sources of information from multiple inputs.
  5. Communicate and share with others necessary information, conclusions and arguments through spoken and written means.

Course Requirements

  1. (15%) Attend all classes, actively participate and make substantive contributions during class meetings and during simulation sessions. Develop sufficient knowledge and familiarity with course readings and skills to respond effectively during class discussions and in small group sessions and activities.
  1. (20%) Course Journal
  2. Students will be required to maintain a course journal. You are expected to write a one to two page summary of each class session covering the following questions:
  1. What are two mediation concepts that were most challenging for you in this session?
  2. What is your biggest challenge in applying the concept(s) you’ve identified?
  3. Identify one procedural or practical skill, tool or concept to aid in dealing with the challenges you’ve identified.
  1. Journals are to be submitted in Latte at the end of each class session
  1. (25%) Short Written paper
  1. Following week 3 of the class, students will prepare one short written assignment as follows:
  2. In this class, mediation has been described in both substantive and procedural terms. Substantively it provides specific theoretical approaches aimed at resolving differences among parties. Procedurally it identifies step-wise approaches to identifying and claiming potential “joint gains” among contesting parties.
  1. In multi-party mediations, parties are often called upon to balance the tension between acting as an advocate to meet their own interests and acting as a facilitator to pursue mutual or joint gains and/or to avoid the potential of a zero-sum outcome.
  1. In this short paper assignment, write a 4 to 5 page description (not including bibliography) of the “advocate/facilitator” tensions and challenges. What are the dynamics? Identify an example where you encountered this tension during the first three class sessions. What theoretical and or practice approaches did you apply? What was the outcome? What specific advice would you give yourself or others in dealing with this issue going forward?
  1. This assignment is due on ______. More details will be covered in class. The paper should be written in 12 pt. type double-spaced.
  1. (40%)Final Paper
  1. The final paper in due on ______. The paper should develop threecore mediation concepts tools and/or practicescovered in the class– complete with references and bibliography. The subject matter for the paper will be one of yourchoosing.
  1. The length of the final paper should be12 pages (not including the bibliography) in 12-pt. type, double-spaced.
  1. Final Grade: The final grades in this course will be based on a combination of factors including the following:
  1. In-class discussions and role-play participation
  2. Weekly Journal
  3. Short paper assignment
  4. Final Paper.

Disability

If you have a documented disability on record at Brandeis University and require accommodations, please bring it to the instructor’s attention prior to the second meeting of the class. If you have any questions about this process, contact Mary Brooks, Disabilities Coordinator for The Heller School at .

Attendance, Punctuality, and Active Participation

In order to benefit from experiential learning, you are required to attend every class session barring illness or emergency. Please also arrive on time at the beginning of class and after the break. If you know you will be absent or late for a legitimate reason, make sure you inform your instructor in advance.Should you miss more than two classes, you will fail the class.Attendance is a responsibility andis more than just coming to class. You are expected to have prepared all readings and assignments before class and to actively participate in class discussions and formats.

Writing Requirements and Academic Integrity

The writing requirements listed below are intended to encourage you to approach reading materials critically, to foster improved research and writing skills, and to serve as a basis for contributing to class discussion with a diversity of opinions. You are expected to devote careful attention to the technical quality of your written work, as well as its substance. Honesty matters in all academic work, and is strictly enforced by the instructor. (See:

Academic Integrity is central to the mission of educational excellence at Brandeis University. Each student is expected to turn in work completed independently, except when assignments are specifically authorized as a collaborative effort. It is not acceptable to use the words or ideas of another person – be it a world-class philosopher or your classmate – without proper acknowledgement of that source. This means that you must use footnotes and quotation marks to indicate the source of any phrases, sentences, paragraphs or ideas found in published volumes, on the internet, or created by another student. If you are in doubt about the instructions for any assignment in this course, please ask for clarification.

You are expected to be honest in all of your academic work. The University policy on academic honesty is available inSection 5of theRights & Responsibilities Handbook. Instances of alleged dishonesty will be forwarded to Office of the Dean of the Heller Graduate School for possible disciplinary action. Potential sanctions include failure in the course and suspension from the University. If you have any questions about my expectations, please ask. We cannot insist strongly enough on the fact that all written work for this course must include appropriate citations of the sources you use.

  • See section 56c (“Avoid Plagiarism”) of theConcise English Handbook.
  • See ‘Truth even unto its Innermost Part’ and in particular the section dealing with citations.

Academic Integrity References:

  • “Academic Integrity”,available from: (Accessed 9/16/15)
  • “Defining and Avoiding Plagiarism: The WPA Statement on Best Practices”. Council of Writing Program Administrators. Available from: (Accessed 7/31/12)
  • The Purdue Online Writing Lab (OWL) Available from: (Accessed 9/15/15)

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CLASS SESSIONS

Session 1: March 10. Introducing Multi-Party Negotiation-Mediation

In this session, students will be placed in a multi-party mediation dynamic with political, developmental and organizational differences. Their objective will be to look for aligned interests while also trying to overcome structural differences to develop the potential of reaching certain minimum goals.

Themes of this session:

  • Forming and working within coalitions
  • Working with time and internal constraints
  • Discovering the value of trade offs and marginal bargaining
  • Developing an appreciation for the distinction between “winning” and “maximizing” in a mediation context.

Reading:

Moore, Christopher 2014,“Conflict Analysis: Understanding the Causes of Conflicts and Opportunities for Collaboration”The Mediation Process,Fourth Edition,Chapter 4, pp. 106 -168.

Mediation Exercise:

Seasia – Part I

(a)Six-party exercise for a proposal to build a deep-water port in a small country. The proponent of the project, Capital Partners, requires at least 4 additional parties to agree on a range of issues for the project to go forward. The exercise is scored and each party must obtain a minimum number of interests, or points, before an agreement can be reached.

(b)Objectives for the exercise

  1. Understand multi-party interests and analysis
  2. Understand and practice the concept of coalitions
  3. Recognize the value of trade-offs
  4. Practice balancing interests with alternatives
  5. Practice building various packages of options
  6. Using a “process manager”.

(c)For study purposes and review, the exercise will be video recorded.

Session 2: March 17. Multi-Party Negotiation- Mediation Continued

Mediation Exercise:

Seasia – Part II

i)Completion of Mediation Role-Play

ii)Debrief and Lessons Learned

iii)Review of Video

Reading:

Moore, Christopher 2014, “Strategies for Multiparty Mediation” Chapter 18, pp. 555-570.

Session 3. March 24. Mediation and Large Public Disputes

In this session, students will engage in a simulation involving a Regional Development Dispute. The scenario involves a proposed plan to expand a chemical development plant in a local town. While the proposal impacts the local economy by increasing jobs, it also threatens the environment with long-term chemical releases. This dynamic involves a complex multi-party discussion covering both environmental and economic issues in an effort to settle the dispute.

Themes of this session

  • Comparison of differences and similarities of dispute resolution styles
  • The use of linkage in terms of threats and in terms of incentives or promises
  • The blending of economic and environmental issues in a mediation context

Readings:

Moore, Christopher 2014, pp. 43-46, 76-77, 88, 274-276, and 547-552.

Mediation Exercise:

Humboldt Mediating a Regional Development Dispute

An eight-person, multi-issue mediation among regional government, environmental development and business interests groups regarding environmental and economic issues.

Session 4.March 31. The Role of Dignity in Resolving Conflict

Over time, numerous conflicts have been caused and/or exacerbated by a basic lack of dignity. Some of the more visible conflicts include the genocide in Rwanda, the Siege of Sarajevo, and the struggle to end apartheid in South Africa. This session will focus on one intractable conflict in Sri Lanka, and how ten essential elements of “Dignity” play a role in mediating deep-seated differences.

Session Themes

  • Recognition and acceptance of basic human values in conflict resolution
  • Dignity is more than a concept, it is also a process
  • While it is often difficult to define, people are acutely aware of the presence or absence of dignity
  • Active listening, conflict facilitation, summarizing, assisting in proposal development

Reading:

Hicks, Donna, “Foreword” by Archbishop Desmond Tutu, pp. 25 – 97; “The Ten Essential Elements of Dignity.” In Dignity, Yale University Press, 2011.

Mediation Exercise:

Conflict in Avalon, the Role of Dignity[1]

A multi-party multi-issue historic dispute involving parties on both sides of an identity-based conflict. Mediators in this dispute serve both as facilitators and conflict resolution practitioners in an exploratory process to end years of fighting and separation.

Session 5. April 7. The Role of Dignity Part II

In this session, students will continue with the exercise begun in session 4. Mediators will have the task of facilitating small group sessions, summarizing and offering proposed solutions for the disputing parties.

At the conclusion of the simulation, mediators will lead a discussion and debrief the two sessions, drawing references and applications to the “Elements” of dignity.

  • Note: This session and its activities will be video taped and reviewed for internalization of lessons learned.

Session 6. April 14. Restorative Justice and the Mediation Process

The concept of restorative justice evolved in the mid 1980s and has become a central point of discussion and debate over its role in the criminal justice system. Over time, the concept has become more integrated into national and international dispute resolution processes. A central focus of restorative justice posits that people who are most affected by a problem should decide among themselves how to deal with it. As a result, mediation and mediators have become increasingly involved in various restorative justice models.

Session Themes

  • The concept of Restorative Justice
  • Engaging “victims” in the process of determining consequences of wrong doing
  • Engaging the community in the process of determining acceptable justice
  • Mediator’s challenge of facilitating a broad-based outcome for offenses to the community
  • What are the range of applications and limitations on Restorative Justice

Readings:

Johnstone G. and Daniel Van Ness, eds. Handbook of Restorative Justice, (2007)

pp. 5- 74 Chapters 1-4: The meaning of restorative justice; the idea of reparation, the ideas of engagement and empowerment and restorative values.

Mediation Exercise:

Juvenile Justice Restorative Circle

Amulti-party dispute involving a juvenile offender, the parents, a victim and members of the community. The exercise focuses on how mediators can adapt an approach when faced with community-based conflicts and how many of the same principles from earlier exercises apply.

i)In this exercise students will build on skills from previous sessions and take on the added issue of addressing intense emotions and different views regarding value.

No Class on May 5; Spring Break

Session 7: May 12. Mediation and Sexual Harassment

The previous session examined the potential for mediation in disputes where Restorative Justice may be an option. In this session, students will explore the potential of mediation in cases of sexual harassment. In recent years, there appears to be an increase in sexual harassment; however, some of the data remain mixed. At the same time, the data also show a fairly static result for successful conciliations with almost 50% less than unsuccessful conciliations. (EEOC &FEP data as of FYs 1997-2011). In this session, students will participate in a six-party role simulation with employees, employer and legal counsel over the contested result of a sexual harassment grievance procedure. Specifically they will focus on the challenges and/or opportunities of mediation to address the difficult topic of sexual harassment in the workplace.