Mediation of Disputes (with emphasis on EEO)
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Description: This is a class for the training of agency mediators. It is also useful for agency participants in mediation (e.g., advocates, decision makers, etc.). The emphasis is on role play, based on actual federal sector scenarios. The topics covered include dispute resolution alternatives, good and bad cases for mediation, the emphasis on voluntariness and confidentiality, the reasons for choosing mediation, the mediation process, to include the initial contact: communicating guidelines; collecting and analyzing background information; designing a plan for mediation; beginning the session (i.e., the mediator's opening remarks, the opening remarks of the participants, defining issues and setting an agenda, brainstorming and generating settlement options, the caucus, troubleshooting in mediation, interest based bargaining and writing the agreement.
Length: 3 or 4 days.
TABLE OF CONTENTS
I. INTRODUCTION A. Summary Of Session B. Objectives C. Instructor And Participants' Introductions Initial Mediation Exercise II. DISPUTE RESOLUTION ALTERNATIVES III. WHY CHOOSE MEDIATION Exercise: Good Case Or Bad Case for Mediation? IV. INTRODUCTION TO MEDIATION
A. Mediator Styles: Evaluative v. Facilitative
B. Facilitating Communication Demonstration with Exercise
V. THE MEDIATION PROCESS A. Summary Of The Stages Of Mediation 1. The Initial Contact: Communicating Guidelines 2. Obtaining Background Information
3. Designing A Plan For Mediation Exercise: Constructing a Mediation Plan 4. Beginning The Session: The Mediator's Opening Remarks Sample Opening Remarks Exercise: Opening Remarks Exercise: Confidentiality
5. Opening Remarks Of The Participants 6. Defining Issues And Setting An Agenda Exercise: Opening Remarks, Participants' Remarks and Setting The Agenda 7. Generating Settlement Options 8. The Caucus
9. Writing the Agreement Exercise: Agreement Writing
VI. TROUBLESHOOTING IN MEDIATION
VII. INTEREST BASED BARGAINING VIII. MEDIATION EXERCISES IX. CONCLUSION AND COURSE EVALUATIONS Appendix A: Glossary - Sample Settlement Paragraphs Appendix B: Facilitating Communications Schematic Appendix C: Forms
Appendix D: Co Mediation
Appendix E: Section 574 from ADR Act
Appendix F: Office of Special Counsel Appendix G: EEOC: Bases of Discrimination Appendix H: The Douglas Penalty Factors
Appendix I: Additional Exercises
