Oundations of Conflict Resolution MODULE 3 CASE ASSIGNMENT
Is the mediator redundant?
Edward I Selig practiced environmental law for 25 years and is now a senior mediator. He is also a visiting lecturer in environmental law at Harvard and Boston Universities.
He presents in the following article (below): Mediation principles: An environmental case historya very interesting case, where the two sides collaborated and reached an agreed solution, using mediation principles, techniques and practices, but without the mediator himself!
The Case Assignment
Please read the following article (i will upload article) Selig, E. I (2002). Mediation principles: An environmental case history. Dispute Resolution Journal; New York; Feb-Apr 2002; Abstract: The effectiveness of mediation is so widely recognized, it is not surprising that some of its principles have taken root in the legal field and other areas. This article imparts important lessons derived from a Mediative practice of law.Using a case study, it is shown how opposing lawyers and their clients applied some key principles and techniques of mediation to settle a dispute successfully without the services of a mediator. If you are a disputant, how would you know if you could benefit from a cooperative style of dispute resolution? Eleven conditions to help you decide are outlined. Click here
After carefully reading through the Module background material, and this article, please answer (in about 3 pages), the following questions: (i will upload)
What was the overriding principle that enabled the two sides to continue with their discussions, at times overcoming impasse, until a solution was reached.
What are the most practical points, you derived from this article?
Is the mediator really redundant? Please elaborate.
Note: I am more interested in YOUR insight and understanding, and less in a summary of the article.