After watching the enclosed video, report at least two examples when the mediator reframed what the disputants said during the mediation.? Please format your statements as:
Chapter 3 Instructions (This section focus on the mediation skill of reframing) :
After watching the enclosed video, report at least two examples when the mediator reframed what the disputants said during the mediation. Please format your statements as:
Video Reframe Example #1
Disputant’s Comment: [insert comment]
Mediator’s Reframe: [insert comment]
Video Reframe Example #2
Disputant’s Comment: [ insert comment]
Mediator’s Reframe: [ insert comment]
Tenant-landlord MediationLinks to an external site.
Chapter 5 Instructions (This section focuses on ethical standards in mediation):
The purpose of this assignment is to demonstrate your understanding of the ethical standards that govern mediators. Please review the attached document
Actions for detailed instructions. Students will also use the attached document as a "worksheet" to complete this assignment, that is, use the provided boxes to write your analysis. When completing this Discussion, be sure to attach your worksheet document. Also, be sure to reply to another post and review as many of your peers' analyses of the scenarios. This is part of the learning process!
Discussion Assignment: Mediation Ethics
Students:
· Please use this template to complete this assignment, that is, complete your work in the boxes provided.
· Be sure to include a cover page and reference page. Use in-text citations to support your work and to show evidence that you can integrate the textbook and online articles. You cannot have a “reference list” without in-text citations. See APA links below.
· The instructions are included in this document. Please read carefully.
· Be sure to use the embedded online articles as resources to complete this assignment and to cite and support your work. For example:
· Florida Standards for Mediators
· Florida Rules for Certified and Court -Appointed Mediators
· Model Standards of Conduct
Assignment Requirements (from syllabus) and APA links:
The assignments are designed to allow students to demonstrate essential mediation skills and techniques, apply codes of ethics to scenario-based cases, and to demonstrate comprehensive knowledge of the mediation session.
1. Proofread your papers; excessive typos and spelling errors may be subject to a re-write.
2. All papers, ( using Microsoft Word or PDF) must include:
a. Cover page (with your name, assignment name, and enrolled class #, etc.).
b. Reference list.
c. Page numbers (insert page numbers)
d. Page layout with 1-inch margins and 11-12 font size.
e. APA 7th writing style for all citations and references. If you are unfamiliar with APA, please review links
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<COVER PAGE>
PART 1: OVERVIEW AND INSTRUCTIONS
Overview: The purpose of this assignment is to demonstrate your understanding of the ethical standards that govern mediators. These standards are covered in The Model Standards of Conduct for Mediators . According to Mediate.com , the The Model Standards of Conduct for Mediators was prepared in 1994 by the American Arbitration Association, the American Bar Association’s Section of Dispute Resolution, and the Association for Conflict Resolution. A joint committee consisting of representatives from the same successor organizations revised the Model Standards in 2005. Both the original 1994 version and the 2005 revision have been approved by each participating organization. The standards cover the following key terms/mediation concepts:
· Standard I: Self-determination
· Standard ll: Impartiality
· Standard lll: Conflict of Interest
· Standard lV: Competence
· Standard V: Confidentiality
· Standard Vl: Quality of the Process
Instructions:
1. Read and analyze each scenario to determine if the scenario is either ethical or unethical.
2. Use The Model Standards of Conduct for Mediators to help analyze each scenario or standards of conduct.
3. Depending on the code of conduct in your state or jurisdiction, the answers may vary. However, please review and use the embedded link(s) or information for each scenario, from The Model Standards of Conduct for Mediators , to: (a) help guide your analysis rationale to determine if the scenario is either ethical or unethical and (b) to learn more about the Florida Rules that may apply to the scenario.
4. For the analysis, students will write a brief analysis (3 -7 sentences) for each scenario. See an example of the format below (i.e., Scenario X).
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Scenario X: You are invited to a mediation where the mediator will fix his mediator fees as a % of the total amount agreed by the parties. " Helpful Resource: Standards VII, Part B (Fees and other charges): Florida Rule 10.380 Fees and Expenses |
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Analysis: This scenario is unethical because contingency fees are not allowed in most codes of conduct . According to Florida Rule 10.380 Fees and Expenses, contingency fees are prohibited in most codes of conduct . A mediator shall not charge a contingent fee or base a fee on the outcome of the process. |
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Part 1: Ethical Scenarios:
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Scenario 1: You are meeting your best friend after finishing a juicy divorce mediation between two prominent citizens. Your best friend asks you for some details and you say that you can’t mention their names (wink, wink), but here is what happened (and you summarize what happened in the session). Helpful Resource(s): Standard V, Confidentiality: Florida Rule 10.360 Confidentiality |
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Analysis: |
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Scenario 2: You are in the midst of a divorce mediation and your brother, who is a local teacher and is not aware of who your clients are, mentions that he just found out that the school nurse suspects Mr. X (the father in this case) of abusing one of his children and is going to file a report on him. You are torn on what is your duty: to raise the issue in mediation, investigate it yourself or doing nothing. Helpful Resource(s): Standard VI, PART B (Quality of the Process). Florida Rule 10.360 Confidentiality |
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Analysis: |
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Scenario 3: The mediator, in open session, mentions admiration for the boat that one party has shown pictures of to prove repairs were not done properly and engages in a long conversation about the best places to go boating. Helpful Resource(s): Standard ll Impartiality: |
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Analysis: |
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Scenario 4: One of the parties expresses deep reluctance about the mediation process. While the mediator doesn’t expressly say that the person “can’t leave,” the mediator’s language and tone heavily imply that leaving is not an option. Helpful Resource(s): Standard l Self-determination: |
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Analysis: |
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Scenario 5: Because you never know how difficult a session will be the mediator can make the rules up as he/she goes along instead of explaining the rules and the process itself to the parties at the start of the session. Helpful Resource(s): Standard lV Competence: Florida Rule 10.420 Conduct of Mediation Florida Rule 10.400 Mediator's Responsibility to the Mediation Process |
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Analysis: |
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Scenario 6: Two parties in a neighborhood case are disputing the location of a fence. In the process of their discussion, they decide that the entire fence should be relocated, including the part owned by a third neighbor never present. Is it ethical or unethical if the mediator writes up the agreement that all three neighbors will build a new fence? Helpful Resource(s): Standard Vl Quality of Process: |
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Analysis: |
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Scenario 7: The mediator really grows to admire Jan while mediating a dispute but is able to maintain impartial regard during the process. One week after settlement, the mediator calls Jan to get together for a drink. Helpful Resource: Review Standard lll Conflict of Interest |
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Analysis: |
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Scenario 8: The mediator is called by one side to testify in a court proceeding about the details of the mediation session. The mediator does not want to spend money fighting the court and just testifies. Helpful Resource(s): Agreement to Mediate Waiver and Consent Form Florida Rule 10.360 Confidentiality |
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Analysis: |
PART 2: OVERVIEW AND INSTRUCTIONS
According to the International Council for Online Dispute Resolution (ICODR), with the rapid growth of Online Dispute Resolution (ODR), it is vital to establish ethical standards to undergird the design, structure, practices, and implementation of global online dispute resolution systems. ICODR provides nine best practices for ODR. Keep in mind that online mediation is part and application of the wider field of ODR regulations.
1. Accessible: ODR must be easy for parties to find and participate in and not limit their right to representation. ODR should be available through both mobile and desktop channels, minimize costs to participants, and be easily accessed by people with different physical ability levels.
2. Accountable: ODR systems must be continuously accountable to the institutions, legal frameworks, and communities that they serve.
3. Competent: ODR providers must have the relevant expertise in dispute resolution, legal, technical execution, language, and culture required to deliver competent, effective services in their target areas. ODR services must be timely and use participant time efficiently.
4. Confidential: ODR must maintain the confidentiality of party communications in line with policies that must be made public around a) who will see what data, and b) how that data can be used.
5. Equal: ODR must treat all participants with respect and dignity. ODR should enable often silenced or marginalized voices to be heard and ensure that offline privileges and disadvantages are not replicated in the ODR process.
6. Fair/Impartial/Neutral: ODR must treat all parties equally and in line with due process, without bias or benefits for or against individuals, groups, or entities. Conflicts of interest of providers, participants, and system administrators must be disclosed in advance of commencement of ODR services.
7. Legal: ODR must abide by and uphold the laws in all relevant jurisdictions.
8. Secure: ODR providers must ensure that data collected and communications between those engaged in ODR is not shared with any unauthorized parties. Users must be informed of any breaches in a timely manner.
9. Transparent: ODR providers must explicitly disclose in advance a) the form and enforceability of dispute resolution processes and outcomes, and b) the risks and benefits of participation. Data in ODR must be gathered, managed, and presented in ways to ensure it is not misrepresented or out of context.
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Part 2: Essay
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After reading the International Council for Online Dispute Resolution (ICODR) best practices and taking into consideration The Model Standards of Conduct for Mediators , write in 2-3 paragraphs suggesting what new ethical standards or indicators (at least 3) should be included in the work of online mediator/mediation. Please Note : What you learned or observed, in the modules face-to-face mediation videos, should help you contrast both environments (online vs face-to-face) and provide real suggestions for new ethical standards or indicators for online mediation! Keep the mind following terms at the forefront of your thinking and suggestions: Self-determination, Impartiality, Conflict of Interest, Competence, Confidentiality, and Quality of the Process. |
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Essay (2-3 paragraphs): |
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