1. Discuss the role of the mediator in both caucuses. – Do you think the mediator successfully maintained neutrality throughout the proceedings and particularly through the caucuses? Why or why not.
– Discuss his relationship with each of the attorneys. What do you think he did right? What do you think he did wrong? – What obligations does the mediator have when – they see incorrect legal advice being given- for example: – Betty was told that she was entitled to receive rents from when Freddie was living with the parents) – they witness potential ethical violations – for example, Christina having Freddie sign a lien on the house in order for her to participate in mediation – realizing that Christina had not yet discussed costs with Freddie 2. Discuss the role of the attorney in each caucus. Describe their relationships with the clients, the way they exercised client management and how those interests competed at times with the overall goal of resolution (for instance were they, at all times, successfully communicating with the other side or did they find themselves posturing for their clients at times?)
3. Positions v. interests – Identify the positions of Betty and Freddie when they began the mediation – Identify the underlying interests of Betty and Freddie – Do you think this case settles? If so, what do you think the settlement looks like. If not, why do you think it does not settle- what do you think the sticking point will be? 4. Models. Choose two of the models that we discussed in class. – summarize the models – apply the models to the conflict between Freddie and Betty – how does each model help you understand the conflict and how best to help them resolve it? 5. What was the most interesting/surprising thing you learned from this video? Please follow instructions in the “FINAL PROJECT FOR ADR” pdf file uploaded. The videos are listed below 8, 9 , 10, and 11
