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課程名稱 |
調解實務演習
Mediation Clinic |
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開課學期 |
106-1 |
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授課對象 |
法律學院 法律學系 |
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授課教師 |
康怡莉 |
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課號 |
LAW7618 |
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課程識別碼 |
A21EM7890 |
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班次 |
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學分 |
2.0 |
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全/半年 |
半年 |
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必/選修 |
選修 |
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上課時間 |
第13,14,15,16,17 週
星期二10,A,B(17:30~20:10)星期四10,A,B(17:30~20:10) |
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上課地點 |
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備註 |
本課程以英語授課。密集課程。法研7。10AB on DEC 5,7,12,14,19,21,26,28 & Jan 2,4與華志強合授
限學士班三年級以上
總人數上限：16人 |
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Ceiba 課程網頁 |
http://ceiba.ntu.edu.tw/1061LAW7618 |
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課程簡介影片 |
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核心能力關聯 |
核心能力與課程規劃關聯圖 |
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課程大綱
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為確保您我的權利,請尊重智慧財產權及不得非法影印
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課程概述 |
MEDIATION QUICK GLANCE SYLLABUS
DECEMBER 2017 – JANUARY 2018
TA: 施煜芳（Yu-Fang Shih）；email: r05a21093@ntu.edu.tw
CLASS TOPIC SPECIAL INSTRUCTIONS
Class 1
(Dec 5) Mediation Skills Training: History of ADR, Intro to Negotiation and Mediation, Beginning Stages of Mediation
• See expanded syllabus for readings
• Submit first journal by noon on Friday, December 8th by e-mailing all three of the following addresses: swatts1@law.columbia.edu.
• Please title the subject line in the email and the journal itself as follows: [last name] Journal [journal #]. Please follow this format for all subsequent journals.
• Watch 3 of the available mediation demonstration videos, links to be provided.
Class 2
(Dec 7) Mediation Skills Training: Gathering Information, Active Listening, Role Play #1
• See expanded syllabus for readings
• Second journal, due on Friday, December 15th at noon. Follow special instructions for second journal, which are contained in the Manual.
• Please title the subject line in the email and the journal itself as follows: [last name] Journal [journal #]. Please follow this format for all subsequent journals.
Class 3
(Dec 12) Mediation Skills Training: Role Play #2, Generating Movement, Role Play #3
• See expanded syllabus for readings
• Regular weekly journals commence, due by noon each Friday
• See Professors to set up weekly meetings
• Please finish Difficult Conversations by Dec. 19
Class 4
(Dec 14) Mediation Skills Training: Role Play #4, Agreement Writing
• See expanded syllabus for readings
• Please finish Difficult Conversations by Dec. 19
Class 5
(Dec 19) Confidentiality & Ethics
• See expanded syllabus for readings
• Please finish Difficult Conversations by this class
Class 6
(Dec 21) Role of Law in Mediation & Mediation Policy
• See expanded syllabus for readings
Class 7
(Dec 26) Mediation Role Play #5 and Working with Diversity in Mediation • See expanded syllabus for readings
• Implicit bias tests: https://implicit.harvard.edu/implicit/takeatest.html. Please take the Race IAT, Gender-Science IAT, and Sexuality IAT, Skin-tone IAT, and one more of your choosing. Record results. Try not to read the description of the tests before you take them.
Class 8
(Dec 28) Complex Mediations and Public Disputes; Psychology in Mediation • See expanded syllabus for readings
Class 9
(Jan 2) Representing a Client in Mediation and Mediation Systems Design
• See expanded syllabus for readings
Class 10
(Jan 4) Final Project Presentations
Please let the Professors know of any technology requirements you have for your presentation
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課程目標 |
待補 |
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課程要求 |
待補 |
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預期每週課後學習時數 |
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Office Hours |
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指定閱讀 |
Frenkel & Stark, The Practice of Mediation, 2012
Stone & Patton, Difficult Conversations: How to Discuss What Matters Most, 2010
Friedman & Himmelstein, Challenging Conflict: Mediation Through Understanding, 2009
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參考書目 |
Frenkel & Stark, The Practice of Mediation, 2012
Stone & Patton, Difficult Conversations: How to Discuss What Matters Most, 2010
Friedman & Himmelstein, Challenging Conflict: Mediation Through Understanding, 2009
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評量方式
(僅供參考) |
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週次 |
日期 |
單元主題 |
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第1-1週 |
2017/12/05 |
Class 01：Mediation Skills Training: History of ADR, Intro to Negotiation and Mediation, Beginning Stages of Mediation
Assignments: Read through the Mediation Clinic Manual.
Frenkel and Stark, The Practice of Mediation, Preface and Chapters 1-3. Chapter One gives an overview of the types of issues we will be discussing this semester. Chapter Two deals with negotiation and introduces the important concepts of positions and interests. (If you have already taken the Negotiation Workshop, some of this will be familiar.) For now, just skim Chapter Three on the role of the mediator. We will return to it later in the semester.
Deutsch, The Resolution of Conflict, Materials, pp. 1-63.
Begin Difficult Conversations – please finish it by February 7th at the latest.
Challenging Conflict: Mediation Through Understanding, pp. 59-78
Submit first journal by noon on FRIDAY 12/8/17 by e-mailing all three of the following addresses: swatts1@law.columbia.edu. Please title the subject line in the email and the journal itself as follows: [last name] Journal [journal #]. Please follow this format for all subsequent journals.
Journal instructions are on pp. 3-5 of the Manual. In your first journal, please tell me: (1) your learning goals for your semester in the clinic; (2) your background and prior conflict management experience; (3) which of the approaches described on p. 47-48 of Frenkel and Stark best characterizes your approach to conflict (if none applies, please describe your style) and why; and (4) the way conflict was dealt with in your family when you where growing up or the first conflict you remember. Obviously this journal may run a bit longer than the normal 3 or so pages.
Complete identifying feelings and positions/interests work sheets, found on pages 216-218 of the Skills Materials.
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第1-2週 |
2017/12/07 |
Class 02：Mediation Skills Training: Gathering Information, Active Listening, Role Play #1
Assignments:
Frenkel and Stark. Ch. 4, Preparing to Mediate, Ch. 5, Mediation as a Structured Process and Ch. 6, Opening the Process, Developing Information
Skills Materials, pp. 1-59
Frenkel and Stark, review pp. 259 (beginning at §10.4) – 271
Riskin, "Mediation and Lawyers," 43 Ohio St. L.J. 29, 43-44 (1982),
Materials pp. 66-68
Guidelines for Working with Interpreters in Mediations, Skills Materials, pp. 246-248
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第2-1週 |
2017/12/12 |
Class 03：Mediation Skills Training: Role Play #2, Generating Movement, Role Play #3
Assignments:
Skills Materials, pp. 60-65
Wildau, "Transitions: Moving Parties Between Stages"
16 Mediation Quarterly 3 (1987), Skills Materials pp. 90-100
Power in Mediation: Davis and Salem, "Dealing with Power Imbalances in the
Mediation of Interpersonal Disputes", 6 Mediation Quarterly 17 (1984),
Skills Materials pp. 101-110
Reality Testing Questions, Skills Materials p. 111
Money Isn’t Just Money, Skills Materials p.112
Factors Leading Towards Impasse, Skills Materials p. 113
Breaking Impasse, Skills Materials p.114
Lazare, A., “Apology in Medical Practice” Skills Materials pp. 115-120
The Risk of Evaluative Mediation, Skills Materials p.121
Kressell, K., Factors that Decrease Likelihood that Mediation Will Work,
Skills Materials pp.122-123
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第2-2週 |
2017/12/14 |
Class 04：Mediation Skills Training: Role Play #4, Agreement Writing
Assignments:
Frenkel and Stark, Chapters 7-11
     
Skills Materials, pp. 66-73, 124-138
Lewicki, “Trust, Trust Development, & Trust Repair,” Skills Materials, pp. 182-203
Robbennolt, “Apology-Help or Hindrance?,” Skills Materials, pp. 208-209
Kaplan and Liebman, “A Failed Mediation…..” Skills Materials, pp. 139-141
Berger, “Civilians Versus Police: Mediation Can Help to Bridge the Divide,” Negotiation Journal (2000), Skills Materials, pp. 170-181
Challenging Conflict, pp. 199-227
For your second journal, due on FRIDAY, DECEMBER 15th at noon in addition to discussing any observation experiences you have, please pick one 24-hour period from the week leading up to the journal, and discuss any conflicts you had (or could have had) during that time period. How did you handle them? Did you or could you have used any techniques from your skills training?
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第3-1週 |
2017/12/19 |
Class 05：Confidentiality & Ethics
Assignments:
Uniform Mediation Act, Skills Materials, pp. 256-267
Model Standards of Conduct for Mediators, Skills Materials, pp. 219-228
Article 21-A, Judiciary Law, Skills Materials, pp.249-255
Frenkel and Stark, Chapter 12, pp. 303-328
Hauzinger Decision, Skills Materials, pp.268-273
State of NJ v. Williams (A-61-04), Skills Materials, pp. 274-288
Read the texts of the statute and model standards carefully.  They will be the focus of class discussion.
Difficult Conversations (finish whole book)
Grillo, Excerpts from “The Mediation Alternative: Process Dangers for Women,” Materials, pp. 146-193
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第3-2週 |
2017/12/21 |
Class 06：Role of Law in Mediation & Mediation Policy
Assignments:
Role of Law Readings: 
Frenkel and Stark, review Ch. 3 (Role of the Mediator)
CPR, Model Rule for the Lawyer as Third-Party Neutral, November 2002, Materials pp. 194-219
Love, “The Top Ten Reasons Why Mediators Should Not Evaluate,”
      Materials, pp. 220-231
     
Helmstetter, “Malpractice Warning Signs for the Evaluative
      Lawyer-Mediator from Alternatives,” Materials, pp. 232-233
Review Bush and Folger, Skills pp. 74-89
Epstein, “Mediating High-Value Cases Effectively,” Materials pp. 234-236
     
Excerpts from NYS Attorney Rules of Professional Conduct (effective April 2009), Materials pp. 271-289
Krivis, from Alternatives, Responding When the Other Side Doesn’t
      Have Settlement Authority, Employment Materials, pp. 48-53     
Friedman and Himmelstein, “The Understanding Based Model of Mediation,” Materials pp 237-270
Challenging Conflict, pp. 137-169
Mediation Policy Readings:
Bush, "Mediation and Adjudication, Dispute Resolution and Ideology:
      An Imaginary Conversation,” Materials, pp. 474-506
McThenia and Shaffer, "For Reconciliation,” Materials, pp. 507-508
Fiss, "Out of Eden," 94 Yale L.J. 1669, 1670, 1672, 1673 (1985),
Materials pp. 509-510
“Why We’re so Nice: We’re Wired to Cooperate,” New York Times,
Materials pp. 511-512
Young, “Mediation Gone Wild: How Three Minutes Put an ADR Party
Behind Bars,” Altern. To the High Cost of Litig. 97 (2007) Materials pp. 513-519
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第4-1週 |
2017/12/26 |
Class 07：Mediation Role Play #5 and Working with Diversity in Mediation
Assignments:
  Frenkel and Stark, review pp. 181-82, 211-214, 266 (shaded box)
“Cross-Cultural Dispute Resolution,” Materials, pp. 369-373
The Givens of Culture and Values, Materials pp. 374-377
Anonymous, “Negotiating with Americans,” Materials, pp. 378-379
“What Happens When Women Don’t Ask”, Materials pp.380-383
Breslin, “Breaking Away from Subtle Biases,” Materials, pp. 384-385
Kolb and Coolidge, “Her Place at the Table,” Supplement (to be handed out)
Fadiman, “The Spirit Catches You and You Fall Down,” Materials pp. 386-403
Take Harvard Implicit Bias Tests: https://implicit.harvard.edu/implicit/takeatest.html
Race IAT, Gender-Science IAT, and Sexuality IAT, Skin-tone, and one more of your choosing, please record your results
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第4-2週 |
2017/12/28 |
Class 08：Complex Mediations and Public Disputes; Psychology in Mediation
Assignments:
Frenkel and Stark, review pp. 4-11
C. Liebman, “Mediation as Parallel Seminars,” Materials, pp. 409-434
Cardozo, Michael A. “How Can Alternative Dispute Resolution
Alleviate Long Standing Social Problems?” Speech taken from
www.nyc.gov/law, October 13, 2007, Materials, pp. 435-443
Green, “Re-Examining Mediator and Judicial Roles in Large, Complex Litigation: Lessons from Microsoft and Other Megacases,” Materials, pp. 444-473
Psychology Assignments:
Cloke and Goldsmith, Hidden Meaning of Conflict Stories, Materials pp. 291-304
“Biologists Tally Generosity's Rewards,” New York Times, Materials,
pp. 305-306
Hickson, et. Al., “Factors that Prompted Families to File Medical
  Malpractice Claims…,” 267 JAMA, March 11, 1992, Materials, pp. 307-310
Golann, “Death of a Claim: The Impact of Loss Reactions on Bargaining,”
Materials pp. 311-318
Golann, “Why is it hard for Lawyers to Deal with Emotional Issues?”
Skills Materials, pp. 319-321
Guthrie, “Principles of Influence in Negotiation,” Materials pp. 322-326
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第5-1週 |
2018/1/2 |
Class 09：Representing a Client in Mediation and Mediation Systems Design
Frenkel and Stark, Ch 13 and review 21-49
Kichaven and Stone, “Preparing for Mediation,” Materials, pp. 405-407
Werth, Excerpt from “Damages,” N. Engl. J. Of Med.,(1998),
Materials pp. 327-331
Werth, Damages – One Family’s Legal Struggles in the World of Medicine, Materials, pp. 332-367
(Please note that “Lawyers” and “Clients” need to meet before class to prepare for the mediation)
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第5-2週 |
2018/1/4 |
Class 10：Final Project Presentations
**For your last journal, due FRIDAY JANUARY 5th at noon, please reflect upon your initial learning goals and your experience in the clinic (in addition to summarizing any mediation experiences from that week). I welcome your feedback about any aspect of the course.
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