STAR: A Systematic Approach to Mediation Strategies
Faculty: Peter Robinson and Jim Craven
Mediations are dynamic and fluid. Both aspiring neutrals and sophisticated advocates should know the predictable themes and stages of a mediation as well as the variety of styles and techniques used in each stage. Competence in the mediation approaches and techniques that are not intuitive for a particular mediator marks the differences between the serious professional practitioner and the casual volunteer. This course will survey how successful mediators use a variety of approaches in five fundamental stages of a mediation. The emphasis will be on encouraging the exercise of conscious professional judgment and strategies analysis for both mediators and advocates.
What you will learn:
- Stages of a mediation
- How to convene and open a mediation
- Facilitating communication
- Encouraging problem solving
- Utilizing the predictability of distributive bargaining
- Using intangible interests to overcome impasse
- Facilitating closure
- Balancing neutrality and fairness
- Managing emotions
- Effective case presentation
- Ethical concerns of mediators and advocates
- Mediation advocacy tips
Peter Robinson is professor of Law at Pepperdine University School of Law and the former managing director of the Straus Institute for Dispute Resolution. He has presented advanced negotiation and mediation skills courses throughout the United States and in more than 10 foreign countries. He has served on the boards of the California Dispute Resolution Council, the Southern California Mediation Association (SCMA), Dispute Resolution Services of the LACBA, the Ventura Center for Dispute Settlement, and the Christian Conciliation Service of Los Angeles. The SCMA recognized him as Peacemaker of the Year in 1999. He is a Fellow of the International Academy of Mediators and was recognized as a Southern California Super Lawyer in the area of mediation in 2006 and 2008. After being appointed by the Los Angeles City Attorney, he successfully mediated all the environmental objections to building the Farmers Field football stadium in downtown Los Angeles.
Jim Craven is a lawyer, mediator, and frequent speaker in the conflict resolution field. He has been practicing law for over 40 years and remains of counsel to the Spokane, Washington, law firm of Evans, Craven & Lackie which he co-founded in 1978. He has extensive experience in the mediation of complex disputes, having served mediation clients throughout the northwest since 1990. He serves on the construction, commercial and mediation panels of the American Arbitration Association, and is a member of the Washington Mediation Association. Craven was a trial lawyer for over 25 years before becoming a full-time neutral. His trial practice emphasized complex construction, environmental, commercial, and professional negligence litigation. He received his law degree from Gonzaga University and the LLM in dispute resolution from Pepperdine University. In addition to his dispute resolution practice, Craven consults with business and government on a wide range of issues.