DUE FRIDAY, SEPTEMBER 22ND AT NOON Scenario A 79-year-old woman, Karen, and her

DUE FRIDAY, SEPTEMBER 22ND AT NOON
Scenario
A 79-year-old woman, Karen, and her grandson visited a McDowell’s drive-thru. After buying coffee, the grandson, who was driving at the time, parked the vehicle. While the vehicle was parked, Karen attempted to add cream and sugar to her coffee, placing the cup between her knees and taking the lid off the cup. At that point, the coffee spilled, quickly seeping through her sweatpants and causing second- and third-degree burns on her inner thighs (with third-degree burns being one of the most serious types of burn injuries).
Following this incident, Karen was hospitalized for eight days, undergoing skin grafts and other intensive treatments. After being released from the hospital, Karen’s daughter provided her with in-home care for three weeks, losing out on income to take care of her injured mother.
Ultimately, it took Karen two years to recover, though she was left with painful, debilitating impairments. She is suing McDowell’s for $250,000 an amount she claims will cover her medical costs and reimburse her daughter for the money she lost when she took off work to care for her injured mother. Due to the COVID-19 pandemic, the courts are experiencing a backlog and it will likely be 2 years before the case goes to trial. The party’s have agreed to attend mediation.
YOU ARE THE MEDIATOR
The mediation process can include some or all of the following five steps. Apply the following steps in mediating the scenario above. Type your answers in your own words on a separate sheet of paper and attach the word document as your assignment submission. You should respond to EACH question separately using complete sentences. Be sure to check for grammar and spelling.
1. Planning
Before the mediation process begins, you will help the parties decide where they should meet and
who should be present. Where would you hold the mediation? Why?
Each side might have lawyers, co-workers, and/or family members on their team, depending on the
context. Who are the parties? Should they be allowed to invite others to attend? Why?
2. Mediator’s Introduction
With the parties gathered together in the same room, you introduce the participants (including yourself), outline the mediation process, and lay out ground rules. What would be your introduction? What would be your goal as a mediator for this particular mediation? What makes you uniquely situated to help the parties reach this goal? What ground rules would you set for the mediation?
3. Opening Remarks
Following your introduction, each side has the opportunity to present its view on the dispute without interruption. In addition to describing the issues they believe are at stake, they may also take time to vent their feelings and share their preferred outcome. What are the opening remarks for each side? What key points do you believe each party would make during opening remarks? What facts would each party likely highlight to justify their position? What other issues should each party consider other than the financial damages? Why is mediation a good solution for Karen? Why is mediation a good solution for McDowell’s?
4. Caucuses
After opening remarks, the parties agree that it would be best to move to separate rooms to Caucus. The Caucus is a private, confidential meeting of members of one side of a dispute, often with the mediator, to discuss options with the intent to find a resolution. This meeting gives the mediator an opportunity to hear confidential information, ask additional questions and dig deeper to uncover underlying issues that are preventing the parties from reaching a resolution. The parties can also meet in caucus without the mediator and consult in private with their advisor. What additional information do you want to gather from the parties that they may have been unwilling to share with each other during the joint session? What questions will you ask to ensure you have the right information to find a resolution?
5. Negotiation
At this point, it’s time to begin formulating ideas and proposals that meet each party’s core interests. Your conversations with both sides have probably given you knowledge of the interests that you can use when packaging your proposal. Some resolutions will truly be “win-win”; others will just barely be acceptable to one or both sides – but better than the prospect of a continued fight or court battle. What do you think is a fair financial resolution in this case? What non-monetary considerations would you offer to help settle the case?