An explanation of what mediation is, and how it works, in simple and

Each student will be writing an opening statement that a facilitative mediator would make (orally) to disputants who have never before participated in mediation.  Each student should assume a civil legal dispute (contract, tort, or commercial dispute), his or state has adopted using the Uniform Mediation Act, and the student will ask his or her clients to sign a contract making mediation confidential.

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  • An explanation of what mediation is, and how it works, in simple and easy-to-understand language so clients know what to expect.
  • An explanation of the role and responsibility of the mediator (including neutrality and impartiality and why they are important).
  • An explanation of the confidentiality of mediation, where it comes from, and why it is important.
  • An explanation of the advantages of using facilitative mediation, the goal being to get the clients to buy into and trust the process.
  • Use language that takes advantage of Deutsch’s Crude Axiom and moves the disputants toward cooperation.  In other words, the entire statement should show mindfulness of non-escalating approaches to communication.


CJHS/430 Week 4 Individual Learning Activity


 Week 4 Individual Learning Activity

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