GRADUATE PROGRAMS IN COEXISTENCE AND CONFLICT

171HS – 305F-1 Advanced Mediation, Skills, and Practice

UPDATED SYLLABUS AND READING ASSIGNMENTS (As of March 10, 2017)MODULE II, SPRING 2017

Instructor: Professor Theodore A. Johnson, JD, MALD, PhD.Class Time: Thursdays, 9am to 11:50amLocation: G51

Contact information for Prof. Johnson Office Hours: Tuesday 10am – 12pm Wednesday 2pm – 4pmOffice: Heller-Brown 348Email: tjohn@brandeis.eduPhone: x 65023

COURSE DESCRIPTION and Overview

This course has been designed for students wanting to develop deeper intellectual, analytical and

professional skills in the areas of domestic and international mediation. The sessions are

particularly focused on disputes or conflicts that introduce the involvement of multi-party and

multi-issue dynamics. This necessarily involves increased levels of complexity while still being

supported by many of the basic foundational principles learned in the introductory mediation

course. The departures occur with the increase of additional actors and intersections needing

more complex analysis and multi-track pathways toward a range of potential traps and/or

outcomes. It is hoped that students will learn that complexity does not stifle or prevent resolution

of conflict, but that it introduces the requirement of a more focused and systematic application of

skills, tools, and practices that have been proven to be effective over time.

The Heller School for Social Policy and

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During the course, students will work with five complex mediation/negotiation role-plays

involving issues of development, public and environmental issues, identity and quality of life,

community and restorative justice and some of the challenges affecting sexual harassment. Due

to the complexity of these issues and the need for thorough preparations, mediation simulations

and thorough debriefs, some role-plays will span two class sessions.

During the first two sessions, students will explore the basic concept of analyzing outcomes

based on a point scoring system. The simulation for these sessions can lead to the formation of

positive and or negative coalitions; students will assess the utility of such coalitions. In the third

session, students will deal with the complexity of a regional development, economic and

environmental dispute. Students will learn to look below the surface of such agreements and will

gain practice by working through the range of issues. Sessions four and five address how the role

of personal and group identity is impacted by the concept of dignity. A two-session role-play will

illustrate these concepts and demonstrate the need for skilled mediators in the role of facilitators

and problem-solvers. Session five takes up the issue of “restorative justice” and provides a

mediation exercise designed to integrate various community members with a criminal actor and

the victims. The final role-play in this module focuses on the issue of sexual harassment. While

overall statistics show approximately a 50% success rate in finding satisfactory outcomes in

mediation stemming from sexual harassment, it remains a viable option for some individuals in

the appropriate setting. This session will examine the necessary factors and potential for

satisfactory outcomes in this area. During the class and with students’ consent, some of the

preparation and mediation sessions will be video taped and used during de-briefs as potential

learning tools to polish skills and practices.

Course Goals and Learning Objectives

Course Goal 1: Students will learn how to use the concept of conflict analysis to evaluate

their personal and organizational interests in preparation for multi-party and multi-lateral

mediation/negotiation processes.

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Learning objectives: Students will learn how to do the following:

1. Develop a systematic analytical approach in a mediation/negotiation setting.

2. Think through the difference between a stated position and an interest or need.

3. Understand a range of options to satisfy other’s interests, rather than their

demands.

4. Express one’s own interests while also inquiring into the interests of others.

Course Goal 2: Students will learn how to form and participate in coalitions – either to

strengthen opportunities to meet their own interests or to prevent others from

undermining the achievement of common interests.

Learning objectives: Students will learn how to do the following:

1. Evaluate the relative strength, value and power of other parties perspectives.

2. Conduct an interest analysis and engage in conversations to build coalitions.

3. Conduct a comparative analysis among potential outcomes and make wise choices.

Course Goal 3: During this course, students will gain the skills to locate, gather and use

information in an intellectually capable and responsible manner.

Learning objectives: Students will learn how to do the following:

1. Develop the skill of using precise language to frame issues.

2. Organize and successfully use caucuses.

3. Become fluent with the structure of effective meeting design.

Course Goal 4: By the end of this course, students will develop an expanded concept of

mediation as a tool for both resolving differences and building resilient communities.

Learning Objectives: Students will learn how to do the following:

1. Adapt their approaches when dealing with a community-based mediation.

2. Apply their skills in leading dialogue and facilitative problem-solving sessions.

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3. Employ mediation skills assisting communities to clarify their interests and

concerns.

4. Evaluate sources of information from multiple inputs.

5. Communicate and share with others necessary information, conclusions and

arguments through spoken and written means.

Course Requirements

A. (20%) Attend all classes, actively participate and make substantive

contributions during class meetings and during role-play simulation sessions.

Develop sufficient knowledge and familiarity with course readings and skills to

respond effectively during class discussions and in small group sessions and

activities.

B. (35%) Course Journal

a. Students will be required to maintain a course journal. You are expected to

write a one to two page summary for each two-week periods (a total of 3

journals during the module) covering the following questions:

i. What are two mediation concepts that were most challenging for you

in these sessions?

ii. What is your biggest challenge in applying the concept(s) you’ve

identified?

iii. Identify one procedural or practical skill, tool or concept to aid in

dealing with the challenges you’ve identified.

b. Journals are to be submitted in Latte at the end of each two-week class

sessions. Please attach your journals as a word document in Latte; I’ll be able

to give on-line feedback.

C. (45%) Final Paper

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a. The final paper in due on May 18. The paper should develop three core

mediation concepts tools and/or practices covered in the class – complete

with references and bibliography. The subject matter for the paper will be

one of your choosing.

b. The length of the final paper should be 12pages (not including the

bibliography) in 12-pt. type, double-spaced.

c. Final Grade: The final grades in this course will be based on a combination of

factors including the following:

i. In-class discussions and role-play participation

ii. Bi-Weekly Journals

iii. Final Paper.

Disability

If you have a documented disability on record at Brandeis University and require

accommodations, please bring it to the instructor’s attention prior to the second meeting of

the class. If you have any questions about this process, contact Mary Brooks, Disabilities

Coordinator for The Heller School at maryeliz@brandeis.edu.

Attendance, Punctuality, and Active Participation

In order to benefit from experiential learning, you are required to attend every class

session barring illness or emergency. Please also arrive on time at the beginning of class

and after the break. If you know you will be absent or late for a legitimate reason, make

sure you inform your instructor in advance. Should you miss more than two classes, you

will fail the class. Attendance is a responsibility and is more than just coming to class. You

are expected to have prepared all readings and assignments before class and to actively

participate in class discussions and formats.

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Writing Requirements and Academic Integrity

The writing requirements listed below are intended to encourage you to approach reading

materials critically, to foster improved research and writing skills, and to serve as a basis

for contributing to class discussion with a diversity of opinions. You are expected to devote

careful attention to the technical quality of your written work, as well as its substance.

Honesty matters in all academic work, and is strictly enforced by the instructor.

(See:http://www.brandeis.edu/studentaffairs/srcs/ai/top10students.html).

Academic Integrity is central to the mission of educational excellence at Brandeis

University.  Each student is expected to turn in work completed independently, except

when assignments are specifically authorized as a collaborative effort.  It is not acceptable

to use the words or ideas of another person – be it a world-class philosopher or your

classmate – without proper acknowledgement of that source.  This means that you must

use footnotes and quotation marks to indicate the source of any phrases, sentences,

paragraphs or ideas found in published volumes, on the internet, or created by another

student.   If you are in doubt about the instructions for any assignment in this course,

please ask for clarification.

You are expected to be honest in all of your academic work.  The University policy on

academic honesty is available in Section 5 of the Rights & Responsibilities Handbook. 

Instances of alleged dishonesty will be forwarded to Office of the Dean of the Heller

Graduate School for possible disciplinary action.  Potential sanctions include failure in the

course and suspension from the University.  If you have any questions about my

expectations, please ask. We cannot insist strongly enough on the fact that all written work

for this course must include appropriate citations of the sources you use.

See section 56c (“Avoid Plagiarism”) of the Concise English Handbook.

See http://www.brandeis.edu/studentaffairs/sdc/ai/index.html: ‘Truth even

unto its Innermost Part’ and in particular the section dealing with

citations. http://brandeis.libguides.com/content.php?pid=10580&sid=99216.

Academic Integrity References:

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“Academic Integrity”, available from:

http://en.wikipedia.org/wiki/Academic_integrity (Accessed 9/16/15)

“Defining and Avoiding Plagiarism: The WPA Statement on Best Practices”. Council

of Writing Program Administrators. Available from: http://www.wpacouncil.org

(Accessed 7/31/12)

The Purdue Online Writing Lab (OWL) Available from:

http://owl.english.purdue.edu (Accessed 9/15/15)

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CLASS SESSIONS

Session 1: March 16. Introducing Multi-Party Negotiation-Mediation

In this session, students will be placed in a multi-party mediation dynamic with

political, developmental and organizational differences. Their objective will be to

look for aligned interests while also trying to overcome structural differences to

develop the potential of reaching certain minimum goals.

Themes for session 1;

Forming and working within coalitions Working with time and internal constraints Discovering the value of trade offs and marginal bargaining Developing an appreciation for the distinction between “winning” and

“maximizing” in a mediation context.

Reading:Moore, Christopher 2014, “Conflict Analysis: Understanding the Causes of

Conflicts and Opportunities for Collaboration” The Mediation Process, Fourth

Edition, Chapter 4, pp. 106 -168.

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Mediation Exercise:

Seasia – Part I

(a) Six-party exercise for a proposal to build a deep-water port in a small

country. The proponent of the project, Capital Partners, requires at least

4 additional parties to agree on a range of issues for the project to go

forward. The exercise is scored and each party must obtain a minimum

number of interests, or points, before an agreement can be reached.

(b) Objectives for the exercise

1. Understand multi-party interests and analysis

2. Understand and practice the concept of coalitions

3. Recognize the value of trade-offs

4. Practice balancing interests with alternatives

5. Practice building various packages of options

6. Using a “process manager”.

(c) For study purposes and review, the exercise may be video recorded.

Session 2: March 23. Multi-Party Negotiation- Mediation Continued

Mediation Exercise:

Seasia – Part II

i) Completion of Mediation Role-Play

ii) Debrief and Lessons Learned

iii) Review of Video

Reading:

Moore, Christopher 2014, “Strategies for Multiparty Mediation” Chapter 18, pp. 555-

570.

Session 3. March 30. Mediation and Large Public Disputes

In this session, students will engage in a simulation involving a Regional

Development Dispute. The scenario involves a proposed plan to expand a chemical

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development plant in a local town. While the proposal impacts the local economy by

increasing jobs, it also threatens the environment with long-term chemical releases.

This dynamic involves a complex multi-party discussion covering both

environmental and economic issues in an effort to settle the dispute.

Themes of this session

Comparison of differences and similarities of dispute resolution styles

The use of linkage in terms of threats and in terms of incentives or promises

The blending of economic and environmental issues in a mediation context

Readings:

Moore, Christopher 2014, pp. 43-46, 76-77, 88, 274-276, and 547-552.

Mediation Exercise:

Humboldt Mediating a Regional Development Dispute

An eight-person, multi-issue mediation among regional government, environmental

development and business interests groups regarding environmental and economic

issues.

Session 4. April 6. The Role of Dignity in Resolving Conflict

Over time, numerous conflicts have been caused and/or exacerbated by a basic lack

of dignity. Some of the more visible conflicts include the genocide in Rwanda, the

Siege of Sarajevo, and the struggle to end apartheid in South Africa. This session will

focus on one intractable conflict in Sri Lanka, and how ten essential elements of

“Dignity” play a role in mediating deep-seated differences.

Session Themes

Recognition and acceptance of basic human values in conflict resolution

Dignity is more than a concept, it is also a process

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While it is often difficult to define, people are acutely aware of the presence or

absence of dignity

Active listening, conflict facilitation, summarizing, assisting in proposal

development

Reading:

Hicks, Donna, “Foreword” by Archbishop Desmond Tutu, pp. 25 – 97; “The Ten

Essential Elements of Dignity.” In Dignity, Yale University Press, 2011.

Mediation Exercise:

Conflict in Avalon, the Role of Dignity 1

A multi-party multi-issue historic dispute involving parties on both sides of an

identity-based conflict. Mediators in this dispute serve both as facilitators and

conflict resolution practitioners in an exploratory process to end years of fighting

and separation.

No class meeting on April 13

Session 5. April 20. The Role of Dignity Part II

In this session, students will continue with the exercise begun in session 4. Mediators

will have the task of facilitating small group sessions, summarizing and offering

proposed solutions for the disputing parties.

At the conclusion of the simulation, mediators will lead a discussion and debrief the two

sessions, drawing references and applications to the “Elements” of dignity.

Note: This session and its activities will be video taped and reviewed for

internalization of lessons learned.

1 This case study is based on the Sri Lanka conflict and was researched, written and developed in part by Dr. Donna Hicks, and Dr. Eileen Babbitt.

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Session 6. April 27. Restorative Justice and the Mediation Process

The concept of restorative justice evolved in the mid 1980s and has become a

central point of discussion and debate over its role in the criminal justice system.

Over time, the concept has become more integrated into national and international

dispute resolution processes. A central focus of restorative justice posits that people

who are most affected by a problem should decide among themselves how to deal

with it. As a result, mediation and mediators have become increasingly involved in

various restorative justice models.

Session Themes

The concept of Restorative Justice

Engaging “victims” in the process of determining consequences of wrong doing

Engaging the community in the process of determining acceptable justice

Mediator’s challenge of facilitating a broad-based outcome for offenses to the

community

What are the range of applications and limitations on Restorative Justice

Readings:

Johnstone G. and Daniel Van Ness, eds. Handbook of Restorative Justice, (2007)

pp. 5- 74 Chapters 1-4: The meaning of restorative justice; the idea of reparation,

the ideas of engagement and empowerment and restorative values.

Mediation Exercise:

Juvenile Justice Restorative Circle

A multi-party dispute involving a juvenile offender, the parents, a victim and members

of the community. The exercise focuses on how mediators can adapt an approach when

faced with community-based conflicts and how many of the same principles from

earlier exercises apply.

i) In this exercise students will build on skills from previous sessions and take on

the added issue of addressing intense emotions and different views regarding

value.

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Session 7: May 4. Mediation and Sexual Harassment

The previous session examined the potential for mediation in disputes where Restorative

Justice may be an option. In this session, students will explore the potential of mediation in

cases of sexual harassment. In recent years, there appears to be an increase in sexual

harassment; however, some of the data remain mixed. At the same time, the data also show

a fairly static result for successful conciliations with almost 50% less than unsuccessful

conciliations. (EEOC & FEP data as of FYs 1997-2011). In this session, students will participate in

a six-party role simulation with employees, employer and legal counsel over the contested

result of a sexual harassment grievance procedure. Specifically they will focus on the

challenges and/or opportunities of mediation to address the difficult topic of sexual

harassment in the workplace.

Session Themes

The role of negative and reactive modes and their impact on outcomes

The potential positive effect of perceptions and joint problem-solving

Dealing with issues of fairness and power imbalances

The role of hiding information and its impact on settlement

Readings:

Gadlin, H. “Careful Maneuvers: Mediating Sexual Harassment.” Negotiation Journal, 7: 139-153. doi: 10.1111/j.1571-9979.1991,tb00610.x Article first published online: 2 JUL 2007.

Miller, Audrey, K, Erika J. Canales, Amanda M. Amacker, Tamika L. Backstrom, Cristine A. Gidycz, “Stigma-Threat Motivated Nondisclosure of Sexual Assault and Sexual Revictimization: A Prospective Analysis.” In: Psychology of Women Quarterly, March 2011. Vol 35 no.1, 119-128.

“What Do Mediators Look For In Sexual Harassment Cases?” From Alternative Law Mediation Results Blog at: http://alternativelaw.com/blog/what-do-mediators-look-sexual-harassment-cases. (06/20/2011) Accessed January 25, 2016.

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Mediation Exercise:

Case of the Puerile Printer

A six-party mediation simulation. The case involves a contested result in a sexual

harassment grievance procedure.

End of Module

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Course Bibliography

Gadlin, H. “Careful Maneuvers: Mediating Sexual Harassment.” Negotiation Journal, 7: 139-153. doi: 10.1111/j.1571-9979.1991,tb00610.x Article first published online: 2 JUL 2007.

Hicks, Donna. Dignity, The Essential Role It Plays In Resolving Conflict. New Haven CT: Yale University Press, 2011.

Johnstone, Gerry and Daniel W. Van Ness, eds. Handbook of Restorative Justice. New York: Routledge, 2011.

Miller, Audrey K, et al. “Stigma-Threat Motivated Nondisclosure of Sexual Assault and Sexual Revictimization A Prospective Analysis.” In: Psychology of Women Quarterly, March 2011. vol. 35 no.1, 119-128.

Moore, Christopher W. The Mediation Process, Practical Strategies for Resolving Conflict, Fourth Edition, San Francisco, CA: Jossey-Bass, 2014

“What Do Mediators Look For In Sexual Harassment Cases?” (06/20/2011) From Alternative Law Mediation Results Blog at: http://alternativelaw.com/blog/what-do-mediators-look-sexual-harassment-cases. Accessed January 25, 2016.

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