Centers: Training, Policy and Other Materials
This collection of essays includes a complete training program, policies,
proceedures and forms, the initial considerations for a Private Alternative
Dispute Resolution Center (e.g. Moscow, Lima or other locations), and materials
for hosting facilitation initiatives at a PADR center.
A Training Program
Introductory Readings and Materials
The Training Program
Initial Training Sequence
Internship Issues and Concepts
Further Role Play Exercises
Policies, Procedures and Forms.
Sample Contract Provision requiring mediation
before litigation. This is the typical form used in Texas real estate
Motion to Refer to Mediation, Order
and Attachments This is a "standard order" with some weaknesses and
Cover Letter for Scheduled Mediation
Checklist: Personality Factored Conflicts. (When
mediating or facilitating an institutional conflict -- such as a college
Outline Checklist (the type used for a personal
injury or similar mediation). Details on using this Checklist are found in
Mediation Essays One
Typical Referring Court Order.
Procedures and Policies Form
Short Mediation Script
This is a short introductory script a mediator might use. While there
is a debate, between long introductions and short ones, this is an easy short
one provided as an example -- it has no pretensions of ending the debate
or of being useful for every situation.
For comparison, this is a
long script. Again, it does not end
the debate -- it is just provided as an example.
As a side note, the short script seems to work best with experienced
parties, the long script with relatively "new to the process" parties. Both
presume a signed contract and/or an order referring the case
ADR Centers -- Initial Considerations
for a Private Center
There are several kinds of Alternative Dispute Resolution Centers. This essay
discusses setting up a non-governmental, non-educational center.
Advisory Councils. A good advisory
council can make or break a PADR Center. This essay explores the issues involved
in such a center.
Business, Physical and Financial Plans.
Physical Plant, grant writing, etc. It is possible to set up a PADR
that is self-funded, but a business plan is essential. This discusses
some elements and formats.
A Simple Explanation of
Hosting Facilitation at a PADR (Private Alternative
Dispute Resolution Center)
What, How, and Why Facilitate?
Facilitation is the process by which parties are prepared for negotiation
or mediation. While mediated settlements of problems can be very
successful, in larger or chronic conflicts the parties often need facilitation
before they are ready to negotiate or otherwise interact in a mediated
environment. In the process of developing a larger theory of negotiation,
the process of facilitation was born. Facilitation may take many forms,
from institutionalizing committees to track two analytical initiatives.
This is the process of using surrogates to negotiate a surrogate settlement
which is reduced to a draft. The draft is then circulated as single
negotiated text between the actual parties and forms the basis for the beginning
of negotiations (with the stated assumption that the "one text" will not
be acceptable to either side and that changes will need to be made).
Compare with the "secret diplomacy" of the Oslo
This is the process of setting up intra-group feed back and correlation
committees that meet concurrently with continuing negotiations in order to
bring the organization along with the negotiation (and the negotiator along
with the organization) -- recognizing that neither positions or groups remain
static within the organization while it negotiates with those without.
Problem Solving Workshops
The scholastic method favored by many conflict resolution centers.
There are a number of approaches to these workshops, and most alternatives
are within the scope of a PADR Center.
Training peer-to-peer mediators on both sides of a conflict often will begin
to generate the necessary understandings and skills base to allow negotiations
to go forward. Peer training is an extremely important method of FI
that is extremely suited to a PADR Center's size, scope and focus.