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Week 6 Mock Mediation

Essay Instructions:
his week, you will be participating in a mock mediation session. Last week, you were assigned groups for this exercise. This process and results of this activity will also be the basis for your final Week 7 paper, the instructions for which you will receive next week. As a group, you are to decide on the time and date this week to meet via Zoom to complete this activity. Mediators and parties may find your fact patterns here. Every group member should download the document marked “ALL participants”. The other documents are marked for specific participants. Only the Plaintiff/Complainant should open the Plaintiff's Fact Pattern. Only the Respondent/Defendant should open the Defendant's Fact Pattern. This is important in order to protect the integrity of the mediation: ALL participants (Mediator, Parties, Observers): Dry Cleaner Role PlayDownload Dry Cleaner Role Play Complaining party ONLY: Dry Cleaner Role Play, PlaintiffDownload Dry Cleaner Role Play, Plaintiff Responding party ONLY: Dry Cleaner Role Play, DefendantDownload Dry Cleaner Role Play, Defendant Observers only: Mediation Role Play CritiqueLinks to an external site. Following the mediation, participants will engage in a “debrief”, during which you will discuss the case, what went well, what could be improved, and what you learned from the experience. This step is essential to your learning, and will inform the opinions you will include in the paper you will be assigned next week. There is no need to participate in pre-mediation data collection for this exercise. Begin your mock mediations with the mediator’s opening statement, and continue through agreement. If you are unable to resolve your dispute, continue until you have reached an unbreakable impasse. Assuming you are able to reach a settlement, the mediator should discuss and review all the essential elements that would be included in a formal agreement. For the purposes of our exercise there is no need to prepare the actual document, though you are free to do so. Resources: You are to reflect on everything you have learned so far. Please use the resources provided to-date, including everything from this week. I am the mediator in this group Dry Cleaner Role Play Background Information for All Parties and Mediator The Complainant brought seven shirts to the Respondent’s dry cleaning establishment for cleaning. The total dry cleaning bill was $28. After picking up the clothes and taking them home, the complaining party discovered that five of the shirts were heavily stained. Three months ago, the Complainant sued the Respondent in Small Claims Court for $666.50, representing the cost of the five damaged shirts ($600), plus the cost of the dry cleaning ($28) and court costs ($38.50). Attached to the complaint were photocopies of the receipts for two of the five shirts, showing they had been purchased at Brooks Brothers eight months prior for $75 a piece. The Respondent’s filed an answer to the complaint denying any damage was done to the Complainant’s shirts. The court’s mediation program in which this matter will be heard has a 90-minute time limit on mediation. The case will go to court in two days unless the case can be settled before then. This is the one and only opportunity to resolve the dispute before the court hearing.
Essay Sample Content Preview:
Mock Mediation Author’s Name Institution Course Name Instructor’s Name Due Date Mock Mediation Opening Statement Good morning, everyone. Welcome to today’s session. My name is [Your Name], and I will be pleased to moderate the session for you today. To begin with, I would like to thank both parties for coming to this mediation to resolve this matter and for attempting to resolve this dispute here. The nature of the mediation to be carried out involves helping the two parties reach a standard agreement on the issue raised concerning dry cleaning. Once again, it is essential to understand this process is entirely voluntary, and any information conducted here is confidential and cannot be used in a court of law. The purpose of the meeting today is to allow each side to express their grievances, consider potential solutions, and agree on a solution that does not involve going to court. You must note that this is a positive and constructive conversation, and no rudeness is allowed. Both will get a chance to express themselves without the other party’s interjection, and I recommend that you try to understand each other compassionately. This session will last 90 minutes, and we will try to be as efficient as possible. In this case, let me explain the problems in detail and then proceed to the solutions. Clarifying the Issues Now, let me go through the critical issues of disagreement to ensure we are on the same page about this case. Complainant (Plaintiff) The complainant alleges that of all the seven shirts that he took for dry cleaning, five of them were returned with stains, thereby rendering the shirts unsuitable for wearing. These are regular and formal shirts, high-end shirts, Brooks Brothers, and AZURE brands, costing $150 for each shirt. The complainant now wants the damaged shirts to be replaced, valued at $200.00, plus the cleaning fee of $50.00, and the other expenses he incurred in court amount to $416.50. Respondent (Defendant) The respondent does not take any blame regarding the staining, claiming that they have found signs that it may have occurred before the shirts went for cleaning. Besides, the respondent produces a picture of writing on the wall within the store saying, ‘abandoned property left for more than 30 days will not be returned’. The respondent utterly denies the complainant’s assertion concerning the price of the shirts, arguing that the receipts offered cannot support the valuation prov...
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