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The exercise examines the difference between positions and interests, techniques for inventing options and creating value, a method for assessing options based on interests and objective standards, and the impact of the parties' BATNAs on the outcome.THE IMPORTANCE OF F--- YOU Nancy Welsh Professor Welsh uses the simulation, "The Importance of F--- You," to demonstrate how attorneys' interviewing and counseling of their clients can either help or hinder problem solving.
Using Systems Design Methods to Promote Good-Faith Participation in Court Connected Mediation Programs John Lande Professor Lande created this exercise to see how different groups perceive court-connected mediation programs and mediation more generally.
The exercise is designed to analyze issues about good-faith conduct in mediation and for designing court-connected mediation programs.
When Cultures Clash Lynn Malley This exercise is designed to get students to think outside of a number of boxes - the adversarial legal box, the white male box, and the Western logical box, among others.
As written, it would be useful in a class on crosscultural dispute resolution or on negotiation.
A summary of each exercise is listed after the title and author. The simulation is designed to challenge the mediator in aiding the parties to move from adversarial position-based bargaining over distributive issues, to cooperative interest-based bargaining over broader issues of importance to both parties Broken Squares: An Exercise Designed To Demonstrate The Shift From Individual To Cooperative Problem Solving Beryl Blaustone This exercise requires participants to analyze aspects of cooperative problem solving in group settings.
Professor Blaustone also uses this exercise to discuss behaviors and attitudes that promote or detract from effective group problem solving activity. Chip Ossman This exercise explores the arbitration process and examines the vagaries of arbitration results.
Alternatively, the exercise can be used to introduce beginning students to the various forms of ADR and their salient characteristics by reducing the scope of the assignment.
Problem Solving Negotiations Exercise Hal Abramson This exercise is designed to highlight the differences between positional and problem solving negotiations as well as introduce the key features of problem solving negotiations.
The authors of these exercises encourage other professors and teachers to use the exercises in their courses.
In making these exercises available to dispute resolution educators, the Hewlett Lawyer as Problem Solver Committee hopes to increase the availability of teaching tools to teach the concept of the lawyer as problem solver. You can download a free copy of Adobe Acrobat from City of Riverport Jeff Goldfien This exercise involves the mediation of a legal dispute between two local government agencies with different functions but overlapping geographic jurisdictions.