Practice Problems for Final Exam
The purpose of this set of questions is to help you prepare for the
final exam. These questions aim to put “theory into practice” by
analyzing a REAL dispute or conflict, and applying the principles of
interest-based negotiation and mediation to the case. Make sure to
choose a case where there’s enough information for you to understand
the issues, the parties and their positions.
You are the mediator in this case. Answer the following questions:
1. Identify issues(s)
what are all of the issues?
identify the main issue in dispute
which issues will you focus on? which issues will you ignore?
2. Identify positions
a. define position
b. state the first party’s position
c. state the second party’s position
3. Identify interests
a. define interest
b. state the first party’s interests
c. state the second party’s interests
4. Describe your mediation plan
state your hypothesis of the cause/causes of the conflict
explain your strategy for how to approach the dispute and the specific
interventions you plan to use
explain how you would “set the stage” for this particular dispute
state how you would frame the issue
explain how you will help the parties develop options
5. Creating options
a. brainstorm 5-8 possible options to resolve the main issue in
dispute
Note: Be sure that they are separate options and not just variations of
one option. Please have a few options that are creative; in other words,
expand the pie and/or think “outside the box”. Do not put these
options in any particular order.
6. Judging options
rank the options from best to worst
explain your rationale for your best option
explain your rationale for your worst option
7. Objective Criteria
define objective criteria
list at least three examples of objective criteria applicable to this
case
8. BATNA
define BATNA
state the first party’s BATNA and explain the costs and benefits of it
state the second party’s BATNA and explain the costs and benefits of
it
d. explain how each party’s BATNA influences the final result
9. Nailing Down the Agreement
write a specific and detailed memorandum of agreement based on your best
option
explain how the parties will handle future minor problems
define failure of the agreement and the steps parties will take in the
event the agreement fails
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Law Homework Solutions
#154035
Mediation
I am looking to prepare for a final exam on alternative dispute resolution focusing on mediation. I have a set of practice questions that I need to master to help me prepare. No solutions are posted and I really need to see what a well-reasoned and detailed response would look like to each. An actual dispute (that can be documented with newspaper articles, website, etc...) must be used, so that I can see the entire set of facts involved in the case.
The questions are attached. Thanks!
The purpose of this set of questions is to help you prepare for the final exam. These questions aim to put “theory into practice” by analyzing a REAL dispute or conflict, and applying the principles of interest-based negotiation and mediation to the case. Make sure to choose a case where there’s enough information for you to understand the issues, the parties and their positions.
You are the mediator in this case. Answer the following questions:
1. Identify issues(s)
a. what are all of the issues?
b. identify the main issue in dispute
c. which issues will you focus on? which issues will you ignore?
2. Identify positions
a. define position
b. state the first party’s position
c. state the second party’s position
3. Identify interests
a. define interest
b. state the first party’s interests
c. state the second party’s interests
4. Describe your mediation plan
a. state your hypothesis of the cause/causes of the conflict
b. explain your strategy for how to approach the dispute and the specific interventions you plan to use
c. explain how you would “set the stage” for this particular dispute
d. state how you would frame the issue
e. explain how you will help the parties develop options
5. Creating options
a. brainstorm 5-8 possible options to resolve the main issue in dispute
Note: Be sure that they are separate options and not just variations of one option. Please have a few options that are creative; in other words, expand the pie and/or think “outside the box”. Do not put these options in any particular order.
6. Judging options
a. rank the options from best to worst
b. explain your rationale for your best option
c. explain your rationale for your worst option
7. Objective Criteria
a. define objective criteria
b. list at least three examples of objective criteria applicable to this case
8. BATNA
a. define BATNA
b. state the first party’s BATNA and explain the costs and benefits of it
c. state the second party’s BATNA and explain the costs and benefits of it
d. explain how each party’s BATNA influences the final result
9. Nailing Down the Agreement
a. write a specific and detailed memorandum of agreement based on your best option
b. explain how the parties will handle future minor problems
c. define failure of the agreement and the steps parties will take in the event the agreement fails
This solution gives you a detailed discussion on Mediation
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