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Required Course Materials:
Articles, book chapters and other material available. Other readings may be assigned during the
semester at the instructor’s discretion.
Recommended Course Materials:
Bush, R. A. B., & Folger, J. P. (2005). The Promise of Mediation: The Transformative Approach to Conflict
(Rev. ed.). San Francisco: Jossey-Bass.
Moore, C. (2003). The Mediation Process: Practical Strategies for Resolving Conflict (3rd ed.). San
Francisco: Jossey-Bass.
Course Requirements/Assignments:
o
Reflection Component : Each reflection paper should be no more than four typed,
double-spaced pages. These are to be written in response to questions and should draw
heavily on class discussion, in-class exercises, readings, video examples and other
media.
Research Component : prepare a research paper on a mediation topic of their
choice. The research paper must address a topic of some theoretical or practical
concern in the mediation field. The research paper will describe an issue or problem
related to mediation that has no simple answer, evokes conflicting views, or is
difficult to handle in practice. The research paper itself should be 10 to 12 pages in
length, not including references; it is expected that there will be no fewer than 15
and no more than 50 references, including but not limited to course material.
o
Experiential Component : will compare theory to reality in an individual instance or
experience. There are two options: (1) participate in mediation to resolve a personal
ongoing conflict, or (2) intervene and use mediation skills to help someone else in
conflict. Option 1, using mediation, is highly preferred. To access mediation at no cost
to you, visit Community Mediation Maryland at www.mdmediation.org. Students will
prepare and submit a 3 to 5 page paper about their experience, with references to
course content.
Expectations Regarding Written Work
students is expected to be clear, concise, grammatically correct, free of spelling or typographical errors,
and prepared in a 12-point font with one-inch margins. All sources are to be cited, consistent with
University policy. The program recommends Diana Hacker’s A Pocket Style Manual, which provides
valuable guidelines on grammar and usage, as well as a section on the APA citation format to be used
for all written work submitted. For all written work, students are encouraged to have someone else
proofread their work prior to submission to check spelling, grammar, writing style, punctuation, proper
vocabulary, citation format, etc.
1
Mediation Approaches
Resolutionary People Video
Mediation/Arbitration Role Play
Mediation Stories
What Mediators Bring to the Table





Readings:
Maryland Program for Mediator Excellence – Mediation Definitions
http://www.courts.state.md.us/macro/pdfs/mediationframeworkdescriptions.pdf
Consumers Guide to ADR Services in Maryland, (pp. 3-16, 80-83)
http://www.mdcourts.gov/macro/pdfs/consumersguide/consumersguidetoadrservices.pdf
Zumeta, Zena D. (2000) Styles of Mediation: Facilitative, Evaluative and Transformative Mediation
www.mediate.com/articles/zumeta.cfm
Bush, Robert A. Baruch & Joseph P. Folger. (2005) Chapter 1 The Mediation Field: An Overview
and Four Stories (The Promise of Mediation: The Transformative Approach to Conflict, New and
Revised Edition, San Francisco, CA:Jossey-Bass. pp. 7-39)
Mosten, Forrest (2001). Mediation Career Guide. San Francisco: Jossey-Bass Publishers.
Chapters 1-3, pp. 3-45.
2
Facilitative and Inclusive Mediation
How Shall I Mediate Thee Video
Tough Moments in Mediation
Opening Statements
Reframing
Information Gathering
Co-Mediation
Agreement Writing
Applications/Venues
Readings:




Beer, Jennifer E., & Eileen Stief, (1997) The Mediation Session (The Mediator’s Handbook,
Gabriola Island, BC:New Society Publishers, 1997, pp. 25-64) HARD COPY BF 637.N4B44 1997
Schwerin, Edward W. (1995) The Community Mediation Movement, Ch. 2 (Mediation, Citizen
Empowerment, and Transformational Politics, Westport, CT:Praeger, pp. 13-33) HARD COPY HM
136.S395 1995
Moore, Christopher (2003). The Mediation Process, Practical Strategies for Resolving Conflict
(Updated and revised 3rd edition). San Francisco: Jossey-Bass Publishers, chapters 1 and 2, pp. 381
Model Standards of Conduct for Mediators, (2005) ABA, ACR, AAA,
http://www.abanet.org/dispute/news/ModelStandardsofConductforMediatorsfinal05.pdf
3
Evaluative and Analytical Mediation
Questioning
Problem-Solving
Caucusing
Closing
Readings



Stulberg, Joseph B. (1987) The Mediator’s Job, Chapter 4 (Taking Charge/Managing Conflict,
Lexington, MA:Lexington Books, pp. 31-41) HARD COPY HD 42.S78 1987
Crocker, Chester A., Fen Osler Hampson, & Pamela Aall, editors. (2003) Herding Cats: Multiparty
Mediation in a Complex World (United States Institute of Peace, Washington DC, 1999, pp. 3-17)
HARD COPY JZ 6045.H47 2003
Bercovitch, Jacob (2001). “Mediation in International Conflict.” In I. William Zartman and J. Lewis
Rasmussen, eds., Peacemaking in International Conflict, Methods and Techniques. Washington,
DC: United States Institute of Peace Press, pp. 125-153


Flexibility in International Negotiation and Mediation; The Annals of the American Academy of
Political and Social Science, Vol. 54, 168-184. Thousand Oaks, CA: SAGE.
Botes, Johannes (2003). “Informal Roles.” In S. Cheldelin, D. Druckman and L. Fast, Conflict: From
Analysis to Resolution. New York, NY: Continuum, chapter 12, pp. 210-219
4
Special Guest: Tenelle Davis Chambers
Community Conference Facilitator
Conflict Resolution Center of Baltimore County
Narrative Mediation and Restorative Justice
Story-telling
Power of an Apology
Applications/Venues
Readings




Rifkin, Janet., Jonathan Millen, and Sara Cobb, (1991) Toward a New Discourse for Mediation: A
Critique of Neutrality (Mediation Quarterly, Vol. 9, No. 2, Winter, pp. 151-164) HARD COPY UB
Law Library Periodicals
Cobb, Sara. (1993) Empowerment and Mediation: A Narrative Perspective (Negotiation Journal,
Vol. 9, No. 3, July 1993, pp. 245-259) HARD COPY UB Law Library Periodicals
Zehr, Howard, (2002) The Little Book of Restorative Justice. Good Books. Intercourse, PA.
Hansen, Toran, and Mark Umbreit, (2018) “State of Knowledge: Four Decades of Victim-Offender
Mediation Research and Practice.” Conflict Resolution Quarterly, Vol. 36, Number 2.
5
Reflection Paper One Due – Discuss the various models of mediation we have covered in the
course using references to the literature. Then, describe a personal conflict and provide an analysis
about which model or models might best be applied to it and why.
Reading
Transformative Mediation
Empowerment and Recognition
Reflecting
Summarizing
Backing Out
Staying Out
Checking In
▪ Folger, Joseph P, Robert A. Baruch Bush, and Dorothy J. Della Noce (Eds.) 2010. Transformative
Mediation: A Sourcebook. Chapters 1 and 2, pp. 15-50.
6
Starting Your Mediation
Why We Do What We Do
Readings



Charkoudian, Lorig, et. al., “Mediation by Any Other Name Would Smell as Sweet – or Would It?
The Struggle to Define Mediation and Its Various Approaches.” Conflict Resolution Quarterly.
26(3) Spring 2009.
Riskin, Leonard L. (2003). “Decision making in Mediation: The New Old Grid and the New New
Grid System.” Notre Dame Law Review, 79(1). pp. 1-53.
Charkoudian, Lorig, et. al., “What Difference Does ADR Make? Comparison of ADR and Trial
Outcomes in Small Claims Court.” Conflict Resolution Quarterly #34 2017.
7
Agreement Writing
When is mediation appropriate?
When is it not?
Mediation Intake and Screening
Ethical Dilemmas
Reading:

Herrman, Margaret S. et al., (April 2002). “Defining Mediator Knowledge and Skills,” Negotiation
Journal, Vol. 17: 2, 139-153
8
Reflection Paper Two Due – Write out your opening statement for a mediation – Using
references to course content, discuss what is included and why.
Manipulation – Identification Continuum
Practitioners and Frameworks
Pressure to settle
Mediation vs. Settlement Conference
Ending a mediation
Reading:

Erickson, Stephen K. and Marvin E. Johnson. (2010). “ADR Techniques and Procedures Flowing
Through Porous Boundaries: Flooding the ADR Landscape and Confusing the Public.” Practical
Dispute Resolution.
9
Mediator Interventions and Participant Responses
Effects of gender and race matching and mismatching among mediators and participants
Diversity and Inclusion
Privilege and Prejudice
Readings

Charkoudian, Lorig and Ellen Kabcenell Wayne. “Fairness, Understanding, and Satisfaction:
Impact of Mediator and Participant Race and Gender on Participants’ Perception of Mediation.”
Conflict Resolution Quarterly. 28(1) Fall 2010.
10
Hot Issues
Certification and Licensure
Readings

Model Standards for Mediation Certification Programs
http://www.imis100us2.com/acr/ACR/Resources/Model_Standards/ACR/Resources/Model_Stan
dards.aspx?hkey=315fc2bd-2cac-422b-82bf-b3160b6a1b08
11
Reading:
▪ American Bar Association. “Report on the Task Force on Research on Mediator Techniques.”
June 12, 2017.
12
Experiential Narrative Due
Readings:
▪ Lang, Michael D. and Taylor, Alison (2000). “The Making of a Mediator, Developing Artistry in
Practice.” San Francisco, CA: Jossey-Bass Publishers, chapters 1, 5, and 8; pp. 3-22, 93-118, 191213

Bowling Daniel and David A. Hoffman (2003). “Bringing Peace into the Room, the Personal
Qualities of the Mediator and Their Impact on the Mediation.” In Bowling Daniel and David A.
Hoffman, eds. Bringing Peace into the Room, How the Personal Qualities of the Mediator Impact
the Process of Conflict Resolution. San Francisco, CA: Jossey-Bass, Chapter 1, pp.13-47
9

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