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Out of Court - A Simulation of Mediation

NCJ Number
82708
Author(s)
E Katsh; J Rifkin
Date Published
1982
Length
0 pages
Annotation
This instructional packet contains the simulation materials for out-of-court mediation procedures.
Abstract
A student guide describes mediation, explaining its origins, use in other cultures, and the current need for dispute resolution procedures as alternatives to the formal judicial process. Mediation is quicker and cheaper than court procedure and preserves relationships better than court orders; also, mediated agreements usually last longer. A summary of characteristics of cases suited for mediation emphasizes that the disputants' ongoing relationship is the principal incentive to settlement. A discussion of the mediator's role points out the need to achieve impartial justice while seeking a mutually agreeable settlement. The packet also contains a director's manual, with general instructions for managing the simulation, and a mediator's manual, with attitudinal tips for mediation and simulation performance guidelines. The simulation proceeds from an introductory session to a public fact-finding with both parties, private caucuses with each party, and continued public sessions until an agreement is reached. Five cases are provided for simulation: a landlord-tenant disagreement, a school discipline and vandalism incident, an instance of spouse abuse, a conflict resulting in assault and disorderly conduct between two employees, and a dispute between neighbors. For each case, cue cards summarize respondents' and complainants' roles. The complete packet contains 30 copies of the students' guide, one director's guide, two copies of a mediator's guide, and one card for each of the 11 disputants' roles.

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