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M7D1: Private or Public Mediation
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Photograph of HR department employees. Leon Neal. (n.d.). Getty Images [Photograph]. Retrieved from http://www.gettyimages.com/license/459182908
This activity addresses module outcome 1. Upon completion of this activity, you will be able to:
- MO1: Discuss the factors that are important to consider with in-house mediation programs. (CO 4)
The Community Dispute Resolution Center model has controls in place and accepts Standards for the Conduct of mediation as its guide to deliver mediation services to the community. Private mediation services, however, provide a more flexible type of service.
For this discussion, the private service provider (such as a lawyer in private practice providing mediation services as part of their general law practice or a for-profit mediation center) will not be considered.
The focus of this discussion will be on the Community Dispute Resolution Center (CDRC), or the nonprofit entity, and the Human Resources Department (HRD) in a privately-owned business or a corporation, or the for-profit entity.
Respond to the following:
- Could the Human Resources Department develop a hybrid, like CDRC, by allowing all the company or business staff the opportunity to train and serve as mediator through the HRD for specific types of disputes? If no, then why not? If yes, please explain how the training would be met (in-house or with a contractor)?
- How would confidentiality matters be addressed considering the mediators may be colleagues of the disputants?
Post your primary response by Friday, 11:59 pm EST. Read any postings already provided by your instructor or fellow students. Read and provide a substantive response to the conclusions drawn by at least two of your classmates by Sunday, 11:59 pm EST. Remember to read the feedback to your own major postings and reply to it throughout the module.
As you will see in the rubric, to maximize your points on the discussions, you should make sure you adhere to the following:
- Consistently synthesize and tie in specific, relevant information and examples from course materials, and from own experiences or current events, to support ideas.
- Frequently make comments that build on what has already been said and extends the discussion, moving it forward. Encourage a deeper analysis of content by asking meaningful, relevant questions about postings.
- Posts are well-organized, clearly, and concisely written. The posts are easy to read and free of spelling and grammatical errors. Sources, if applicable, are present and cited correctly. Posts are courteous and respectful of other viewpoints.
- Posts are made on three separate days throughout the module; AND Number of posts meets or exceeds the number of required posts.
- Makes first substantial and meaningful contribution to academic discussion and posts responses by due dates at 11:59pm.
Consult the Discussion Posting Guide for information about writing your discussion posts. It is recommended that you write your post in a document first. Check your work and correct any spelling or grammatical errors. When you are ready to make your initial post, click on “Reply.” Then copy/paste the text into the message field, and click “Post Reply.” This is a “post first” discussion forum, which means you must submit your initial post before you can view other students’ posts.
To respond to a peer, click “Reply” beneath her or his post and continue as with an initial post.
Evaluation
This discussion will be graded using the SPS Default Discussion Rubric. Please review this rubric, located on the Rubrics page within the Start Here module of the course, prior to beginning your work to ensure your participation meets the criteria in place for this discussion. All discussions combined are worth 50% of your final course grade.
M6A2: Active Listening Exercise
- Due Oct 6 by 11:59pm
- Points 100
- Submitting a text entry box, a media recording, or a file upload
Conceptual image showing sound waves and a human ear. Encyclopedia Britannica Image Quest. (n.d.). Hannah Gal/Science Photo Library [Photograph]. Retrieved from quest.eb.com/search/132_1288999/1/132_1288999/cite
This activity addresses module outcome 3. Upon completion of this activity, you will be able to:
- MO3: Practice using active listening techniques. (CO1, 5)
Watch the following video:
The Daily Conversation. (2014, September 23). Leonardo DiCaprio’s powerful climate summit speech (Links to an external site.) [Video file,3 minutes 30 seconds]. Retrieved from https://www.youtube.com/watch?v=ka6_3TJcCkA
Summarize the content of Leonardo DiCaprio’s speech in a minute and a half or less for your recording.
Be sure and include Mr. DiCaprio’s position in your written portion of the assignment. How does he defend his position? What is Mr. DiCaprio asking the audience to do (what does he need in the form of actions)? Remember, needs are not always explicitly stated. Also include responses to the following:
- Did you notice a difference in your ability to summarize in this exercise as compared to the one in the last module?
- What skills do you still need to work on?
- What skills do you believe you are performing well?
For the written part of this assignment, compose your work in a .doc or .docx file type using a word processor (such as Microsoft Word, etc.) and save it frequently to your computer. For those assignments that are not written essays and require uploading images or PowerPoint slides, please follow uploading guidelines provided by your instructor.
To submit your audio file summarizing President Lincoln’s speech to your daughter, select the media tab in the submission box. When you are ready, click Record/Upload Media, enter your title, and begin recording. Your recording should be 1:30 minutes or less. (Please note: Firefox is the best browser to use when working with recordings in canvas.) If you have already saved your recording you can upload it by clicking on the Media tab, Record/ Upload Media, then a Record/ Upload Media Comment box will open, select the Upload Media tab, you will then be able to select a file. Once you have submitted your recording, click the Re-submit Assignment button at the top of the page. You will then need to attach your document for the written part of the assignment using the File Upload tab this time. Choose your file and click Submit Assignment. Once you have submitted the the written assignment document the recording will disappear, you will only be able to see both files submitted to the assignment dropbox by clicking on Grades and clicking on that assignment.
Check your work and correct any spelling or grammatical errors. When you are ready to submit your work, click “Submit Assignment” in the upper right corner. Click on “Browse,” browse your computer, and select your file. Click “Open” and verify the correct file name has appeared next to the Browse button. Enter your comments, if any, in the Comments area. Click on “Submit Assignment.”
Evaluation
This assignment will be graded using the rubric displayed below. Please review this rubric prior to beginning your work. You can also access the rubric on the Course Rubrics page within the Start Here module. All active listening exercises combined are worth 10% of your final course grade.
Rubric
SPS_Default_Graduate_Writing_Rubric
| Criteria | Ratings | Pts |
|---|---|---|
| This criterion is linked to a Learning OutcomeIntroduction/ Articulation of the topic | 15.0 pts(A) The topic/purpose of assignment is succinct and clearly defined.13.0 pts(B) The topic/purpose of assignment is defined. Minor points need further development.11.0 pts(C) The topic/purpose of assignment is missing information or has too many components.9.0 pts(D) The topic/purpose of assignment is not clear to the reader.7.0 pts(F) The topic/purpose of assignment cannot be determined from the information provided or is inaccurate.0.0 ptsCriterion not addressed/ Did not submit assignment | 15.0 pts |
| This criterion is linked to a Learning OutcomeAnalysis | 30.0 pts(A) The topic and all required components of the assignment are comprehensively and insightfully analyzed using evidence from sources and the student’s own perspective.26.0 pts(B) The topic and required components of the assignment are analyzed using evidence from sources and the student’s own perspective. Minor points require further development.23.0 pts(C) The topic and required components of the assignment are discussed using evidence from sources and the student’s own perspective. Information provided is primarily a restatement of facts. The connection between student’s perspective and source information can be difficult for the reader to see. Key details or discussion of a few components of the selected question are missing.20.0 pts(D) The topic and required components of the assignment are briefly discussed. Information provided is primarily from the student’s perspective. Major details/many components are missing or information demonstrates misconception of the content.16.0 pts(F) The topic and components of the assignment are briefly discussed. Sources are not used in the discussion. Information provided demonstrates major misconceptions with the content or any supporting are not present. Reader cannot ascertain the points the student is making.0.0 ptsCriterion not addressed/ Did not submit assignment | 30.0 pts |
| This criterion is linked to a Learning OutcomeConclusion | 20.0 pts(A) Conclusion is logical and implications reflect student’s critical and informed evaluation of the evidence and content.17.0 pts(B) Conclusion is logical and implications reflect the student’s analysis. Minor points need further development.15.0 pts(C) Conclusion is logical and implications are identified. Details are missing that would clarify the connection between the body of the paper and the conclusion.13.0 pts(D) Conclusion needs additional clarification to demonstrate understanding of the topic. Implications are oversimplified.10.0 pts(F) Conclusion is incomplete and vague. Implications are missing.0.0 ptsCriterion not addressed/ Did not submit assignment | 20.0 pts |
| This criterion is linked to a Learning OutcomeSources & Evidence & APA Formatting* *Requirements are assignment specific. Check assignment directions. | 15.0 pts(A) Clearly identifies scholarly, credible, and relevant sources of evidence (per assignment directions) to develop ideas related to topic. Student clearly and consistently differentiates own thoughts from those of others at all times. Correct APA formatting, per assignment directions, is used in all aspects of the paper.13.0 pts(B) Identifies scholarly, credible, and relevant sources of evidence (per assignment directions) to develop ideas related to the topic. In general, student differentiates own thoughts from those of others. APA formatting, per assignment directions, is used, there may be a few minor formatting errors (e.g., minor errors in reference page, cover page title or paper number missing, etc.).11.0 pts(C) In general, identifies credible and relevant sources of evidence (per assignment directions). Student does not clearly differentiate own thoughts from those of others in several places. APA formatting, per assignment directions, is used; however, there are minor formatting errors (e.g., minor errors in reference page, no cover page, etc.).9.0 pts(D) Sources identified are relevant, but at least some are not credible (per assignment directions). Student does not clearly differentiate own thoughts from those of others in several places. APA formatting, per assignment directions, is used; there are major formatting errors (e.g., not linking in-text citations with reference page, not citing sources, etc.).7.0 pts(F) If sources of evidence are identified (per assignment directions), student does not differentiate own thoughts from those of others OR does not identify sources.0.0 ptsNo submission | 15.0 pts |
| This criterion is linked to a Learning OutcomeOrganization | 10.0 pts(A) Written work progresses logically and ideas are well-developed and cohesive. There is a clear beginning, middle, and end. Paragraphs are well-developed; transitions are seamless.8.0 pts(B) Written work progresses logically and ideas are fairly complete. Transitions between paragraphs and ideas are generally smooth. Paragraphs are developed, but lack cohesion in several areas. However, reader can follow the paper’s flow.7.0 pts(C) Written work usually progresses logically and ideas are fairly complete. Transitions between paragraphs and ideas are occasionally missing or incomplete. Paragraphs are not consistently cohesive; however, reader can follow the paper’s flow.6.0 pts(D) Written work often does not progress logically and ideas are often not fully formed. Transitions between paragraphs and ideas are often missing or incomplete. Lack of cohesion within paragraphs makes it difficult to follow the paper’s flow.5.0 pts(F) Written work lacks logical flow and ideas are not fully formed. Transitions are not visible. Paragraphs are not cohesive and the reader cannot follow the flow of the paper.0.0 ptsDid not submit assignment | 10.0 pts |
| This criterion is linked to a Learning OutcomeSyntax & Mechanics | 10.0 pts(A) Clearly and consistently uses proper grammar, spelling, and punctuation.8.0 pts(B) Uses proper grammar, spelling, and punctuation. There are a few minor errors, which do not interfere with meaning.7.0 pts(C) Generally, uses proper grammar, spelling, and punctuation. There are a few errors that interfere with meaning.6.0 pts(D) There are many grammar, spelling, and punctuation errors that interfere with meaning.5.0 pts(F) There are major grammar, spelling, and punctuation errors that make it extremely difficult to read and understand.0.0 ptsDid not submit assignment | 10.0 pts |
| Total Points: 100.0 |
M6A1: Mediation Regulation vs. Self-Determination
Encyclopedia Britannica Image Quest. (n.d.). Acting as a mediator in a neighborhood dispute [Photograph]. Retrieved from http://quest.eb.com/search/182_1060211/1/182_1060211/cite
This activity addresses module outcome 2. Upon completion of this activity, you will be able to:
- MO2: Evaluate the efficacy of regulating mediators and the process of mediation for the public’s benefit. (CO 3, 4)
What is the value of a mediation agreement if it is broken?
Because the government does not regulate the process of mediation, bringing an agreement to court for legal enforcement against a party who has not upheld their side is not an easy task. In the event the system became more structured, mediation agreements could potentially include prescribed elements and disclosures which may result in more uniformity and aid in decreasing the ambiguity facing mediation and assist those in upholding the agreement.
A few questions you may ask yourself prior to attempting the assignment:
- Would the mediation industry benefit from this type of regulation?
- Will a more regulated system limit the types of disputes or outcomes that may be achieved?
- Does regulated meditation alter the individual’s right to self-determine how they will engage a third party to help resolve a dispute?
For this assignment, please read:
- Excerpts of the Uniform Law Commission (The National Conference of Commissioners on Uniform State Laws) Uniform Mediation Act (Links to an external site.):
- Final Act
- Act Summary
- Why States Should Adopt
- Opinion – Jerusalem Post (Links to an external site.)
For this assignment, write a 750-1250 word (3-5-pages) paper that will discuss the pros and cons of uniform governmental regulation of the delivery and process of mediation, as well as regulating the mediators.
In your analysis of the impact of uniform governmental regulation on the mediation, be sure to address the following in your paper:
- Pros and cons of the cost to government and to the public
- Pros and cons of a certification process to becoming a mediator
- Pros and cons of any impact this may have on the quick and efficient mediation services the which the public is familiar.
Compose your work in a .doc or .docx file type using a word processor (such as Microsoft Word, etc.) and save it frequently to your computer. For those assignments that are not written essays and require uploading images or PowerPoint slides, please follow uploading guidelines provided by your instructor.
Check your work and correct any spelling or grammatical errors. When you are ready to submit your work, click “Upload Submission.” Enter the submission title and then click on “Select a file to upload.” Browse your computer, and select your file. Click “Open” and verify the correct file name has appeared next to Submission File. Click on “Continue.” Confirm submission is correct and then click on “Accept Submission & Save.”
Turnitin
This course has Turnitin fully integrated into the course dropbox. This means that you should only submit your assignments to the dropbox below. Please do not submit your assignment directly to Turnitin.com.
Once submitted, your assignment will be evaluated by Turnitin® automatically. You will be able to view an Originality Report within minutes of your first submission that will show how much of your work has been identified as similar to other sources such as websites, textbooks, or other student papers. Use your Originality Report as a learning tool to identify areas of your assignment that you may not have cited appropriately. You may resubmit your assignment through this dropbox as many times as you need to check to see if you have made improvements, until the due date of the assignment. However, once you have made your first submission, you will need to wait 24 hours after each subsequent submission to receive a new Originality Report. Plan accordingly as you draft your assignment. Once the due date has passed, your assignment submission will be considered final.
Evaluation
This assignment will be graded using the SPS ADR671 M6A1 Rubric located on the Course Rubrics page within the Start Here section of the course. Please review the rubric prior to beginning your work so that you ensure your submission meets the criteria in place for this assignment. All written assignments combined are worth 10% of your final course grade.
References
- Fidler, H. (2016). Mediation and the law. Retrieved from http://www.jpost.com/Opinion/Mediation-and-the-law-443079
- Uniform Law Commission. (n.d.). Mediation act. Retrieved from http://www.uniformlaws.org/Act.aspx?title=Mediation%20Act