Premediation Activities

Overview:

A premediation activity is signing an Agreement to Mediate. The sample Agreement to Mediate (included module) includes all the elements for a face-to-face session but does not account for online mediation .  You are about to mediate your first online case next week and you need to update or add to this agreement to use in your online session.

Instructions:

After reading the required online readings, what new key language would you add or delete to this Agreement to Mediate to account for the online mediation environment for your clients to sign? The objective of Part 1 is to edit Agreement to Mediate to make it applicable for online mediation. Use the module online resources to guide what content you will add or delete to this document.  

Note: Keep in mind that you need to complete , adapt, and personalize this document. What you are producing is a new document that can be use in your online mediation session. You also need to ensure that the agreement complies with mediation principles: confidentiality, security, self-determine, etc. (see module resources)

Overview:

Building on the Agreement to Mediate you wrote for your online clients, you will now create your own personalized Online Opening Statement. Another premediation activity is creating an Opening Statement for the mediation session. A sample opening statement is included the module for you to consider, but it does not include enough language for an online mediation .  You are about to mediate your first online case next week and you need to update or add to this opening statement to use in your online session.

A few reminders and considerations:

· A sample Opening Statement is included in module.

· Keep in mind that an opening statement is not a random collection of words. There are Key Components of the Opening Statements that must be included (revisit your textbook p.96 -104).

· Plus, you must consider the online environment: What will you include to tell the parties. For example, Figure 6.1 Sample Opening Statement, p.97 was written for an in-person mediation session and states: “If you need a break, let me know. Bathrooms are just across the hall”. An online mediator would say: “If you need a break, let me know. We will pause the video call and resume after everyone is back on camera”.

· Another consideration, what “ground rules” will you include for your online mediation? For example, all parties must be visible and on camera during the mediation session or audio must be turned off, unless you are speaking, etc. Think about other “ground rules” to include in your opening statement to ensure a seamless online mediation. Think about grounds rules concerning confidentiality and caucusing, etc. in an online environment. 

Instructions:

1. Using the Opening Statement sample provided, select the paragraphs you need to create your own mediator online opening statement for your next online mediation session. You can edit the phrases, recreating your own personal opening statement. Your opening statement must be at least one-page long and titled: My Online Opening Statement. Remember, your opening statement must include all the key components of an opening statement.

2. Write a brief justification about the things you chose to include in your online opening statement. Add this justification at the bottom of your opening statement in about 1-2 paragraphs and titled: Opening Statement Justification

Instructions: After reading the required online readings, use them and quote them to answer each of the following questions in 2-3 paragraphs. Please use additional resources to answer the questions, your textbook does not completely cover the topic of online mediation.

1. How does an online mediation environment affect the choices a mediator may make in structuring a mediation?

2. What would be fundamentally different in the online context as opposed to a face-to-face mediation?

3. Are there some types of mediation that would be inappropriate in an online environment?