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UNBIASED TALK MATRIX- Mediator negotiations-UOP
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week two assignment

Instructions: Consider the following mediation situations. Think about what is wrong with the mediator’s behavior in each situation, writing your explanation in Column 2. Propose a better alternative and write it in Column 3.  


Mediator Behavior

What’s Wrong with It

Improved Alternative

After introductions, the mediator says, “First, let’s hear the plaintiff’s case.”



The disputant says, “Harold is worse than a criminal. He lied to me at every turn. He should be executed.” The mediator answers, “I can understand your being mad because he lied to you. But your childish language is outrageous.”



Mediator: “We are here to decide who should have custody of Joannie.”



In response to a disputant’s comment that the disputants have been able to agree on a settlement amount but not the terms of payment, the mediator says, “So you have a dispute about the terms of payment.”



Disputants are at impasse. Mediator says, “Let’s caucus!”



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