When answering these questions you can use dot points if you wish.
1. Analyse the underlying conflict in this dispute? What may be some possible causes of conflict and explain in what way the conflict may fall within those domains?
2. Analyse the possible sources of power in this scenario. Do you anticipate that any power imbalances may be at play during the mediation session?
3. What might be Keisha’s positions and what might be her underlying concerns?
4. What might be Dorothy’s positions and what might be her underlying concerns?
5. What agenda items may be suitable in this scenario? Set out a possible agenda.
6. How would you assist the parties to generate options?
(4 marks) PTO
7. Prior to the mediation session Evan asks whether he can also attend the mediation session with his mother as her support person. How would you deal with this request?
8. Your mother is also very old and having difficulty looking after herself. Even though you are the mediator you feel very sorry for Dorothy and find Keisha annoying and irritating during the mediation as she doesn’t seem to be very understanding of Dorothy’s issues, particularly in relation to her medical problem and her need for a support dog. Keisha is also dismissive of Dorothy and wants only to speak with Evan. What knowledge and skills would you use to try to ensure that you remain independent and objective during this mediation?
9. In a private meeting Dorothy tells you that she is a wealthy woman and can easily afford the cost of sound proofing herself. You talk to her about what offer she is prepared to make and she says that she will offer to pay the total cost of sound proofing of $40 000 to settle this matter today. However when you go back into joint session Dorothy says nothing and does not make the offer she has discussed with you in the private session. Keisha says she can’t afford to pay anything towards the cost of sound proofing. What do you do about Dorothy’s offer that she formulated in the private session, do you ask her to put the offer to Keisha?
10. You don’t settle at the first mediation and organise a second mediation. Dorothy and Evan organise to have a lawyer attend the second mediation and Keisha has decided not to have a lawyer attend as she can’t afford the legal fees. When the parties are negotiating Dorothy will have her lawyer to give her legal advice and negotiation assistance but Keisha will not. Does this raise any difficulties for the parties in terms of the mediation? Are there any strategies that you could use as a mediator (if you decide that mediation is appropriate) when conducting the mediation?