****Professionals Only****Mediation Experience

1

Introduction of the mediators (establish credibility) and parties

____/2

2

Gain commitment from parties to participate

____/1

3

Definition of mediation (informal, self-determination, collaboration, control, etc.) in alignment with the problem solving model

____/1

4

Educate parties about the mediation process; role of mediation and mediator’s role

____/1

5

Uses a metaphor for describing what mediation is in problem solving approach

____/2

6

Explain the benefits of mediation in terms problem solving mediation

____/1

7

Develops rapport/credibility with the parties

____/1

8

Statement of impartiality and neutrality (avoids authoritative stance)

____/1

9

Description of the proposed mediation procedures

____/1

10

Explanation of the concept of the caucus (use the word separate session instead of caucus)

____/1

11

Definition of the parameters of confidentiality (except where disclosure is required by law-which involves child and adult abuse issues). Also, parties are allowed to seek legal advice.

____/1

12

Description of logistics, scheduling and length of meetings (agenda)

____/1

13

Suggestions for behavioral guidelines or ground rules

____/1

14

Answers to questions posed by the parties

____/1

15

Securing a joint commitment to begin

____/1

16

Preview the session: what should parties expect will happen

____/1

Total points Earned

______/18

1

Ask permission to take notes

____/1

2

Identify the true interests that must be satisfied in a potential settlement

____/1

3

Asks open-ended questions; reframes when necessary

____/1

4

Clarifies issues and interest are most important to work on

____/1

5

Identify key people involved in dispute

____/1

6

Determine the sequence for handling the issues

____/1

7

Ask parties to generate shared needs (global needs)

____/1

8

Establish common ground in parties

____/1

Total Points Earned

_____/8

1

Engaged in interest-oriented discussion for each individual party

____/1

2

Use brainstorming to uncover hidden interest

____/1

3

Restate each party’s interests and get confirmation that you are correct

____/1

4

Public restate the interests of both parties n a joint-problem statement

____/1

5

Asks the parties of the description of the parties’ interests are accurate; restate until mutually acceptable.

____/1

Total Points Earned

_____/5

1

Help parties generate several options

____/1

2

Identified and shared possible outcomes with parties

____/1

3

Used appropriate interventions (alternation, integrative interest-based solutions, log rolling, etc.)

____/1

Total Points Earned

_____/3

1

Clarify with parties that options are do-able

____/1

2

Clarify options are substantive (they define specific exchanges)

____/1

3

Assess the costs and benefits of selecting options with parties

____/1

4

Encourage positive settlement ranges

____/1

Total Points Earned

_____/4

1

Incorporate deadlines in final agreement if necessary

____/2

2

Discuss consequences of not meeting deadlines

____/2

3

Schedule follow-up (if necessary)

____/2

Total Points Earned

_____/6

1

Reviews the agreement terms appropriately and accurately

____/1

2

Identify procedural steps to operationalize the agreement

____/1

3

Establish an evaluation and monitoring procedure

____/1

4

Formalize the settlement and create an enforcement and commitment mechanism

____/1

5

Reviews confidentiality of the session

____/1

6

Commends participants for their participation

____/1

7

Congratulates parties for their progress or settlement

____/1

Total Points Earned

_____/7

1

Cultural sensitivity

____/1

2

Direct and shared eye-contact to both parties

____/1

3

Effective gesturing

____/1

4

Avoids reading or too much note taking

____/1

5

Effective vocalics: articulation, volume, rate, projection

____/1

6

Effective kinesics: posture, movement

____/1

7

Composure during emotional times

____/1

8

Uses appropriate humor

____/1

9

Establishes credibility

____/1

10

Maintains rapport with parties during the session

____/1

11

Expresses sincerity, confidence, and dynamism

____/1

12

Demonstrates appropriate facial expressions

____/1

13

Uses parties’ names (generally first name unless parties desire otherwise: need to ask at the beginning of the session)

____/1

14

Effectively displays memory log of the session

____/1

15

Writes appropriate memory log for Section II, Stage 7

____/1

16

Writes appropriate memory log for Section II Stage 8

____/1

17

Writes appropriate memory log for Section II Stage 9

____/1

18

Writes appropriate memory log for Section II Stage 10

____/1

19

Writes appropriate memory log for Section II Stage 11

____/1

Total Points Earned

_____/19

a

I. Introduction: Beginning the Mediation Session

____/4

b

Body:

A. Defining issues and setting an agenda & identifying

global needs

B. Uncovering hidden interests of the disputing

C. Generating options for settlement

D. Assessing options for settlement

E. Stage 11: Final bargaining

____/12

c

Conclusion: Achieving formal settlement

____/4

Total Points Earned

_____/20

a

Is case study real and current; and APA citation style use?

____/2

b

Contain information on background, history, issues, situation, context, communication, etc.

____/5

c

Have two parties

____/1

d

Does the case study contain a detail of hidden interests of parties?

____/2

Total Points Earned

_____/10

SECTION

TOTAL POSSIBLE POINTS

TOTAL EARNED POINTS

1

MEDIATION

70

_____________/70

2

OUTLINE

20

_____________/20

3

CASE STUDY

10

_____________/10

TOTAL POINTS EARNED

________________/100