*Final group list: This is what we turned in as a group***Discussion 4: W1, Grou

*Final group list: This is what we turned in as a group***Discussion 4: W1, Group 2Opening List1. Introduction.Make introductions and spend 1-2 minutes explaining where the restrooms are and that refreshments will be available throughout the process. This also allows the mediator to ask the parties if they are comfortable and set the pace of the mediation.2. Conflict of Interest.The mediator should reassure the parties that a thorough conflict analysis has been undertaken and no conflicts were found between the parties and the mediator. One needs to make sure that there is no personal knowledge between the mediator and the parties or anyone present that could potentially interfere with the decisions being made.3. Process.Discuss the role of a mediator and the process of mediation ensuring that the parties know that the mediator does not act as a judge or attorney, nor does the mediator make decisions or provide any legal, professional, or financial advice. Explain that the mediator does not advocate for either side and that the mediator is impartial and neutral. The mediator’s role is to facilitate the meeting and help in developing options for resolution. The need for caucuses should be mentioned and explained, emphasizing that it is essential to communicate openly and in good faith, whether in caucus or together.4. Agenda.Both participants make their opening statements, and the mediator shares expectations and guidelines. Additionally, the mediator explains that breaks will be taken throughout the day. Throughout the mediation and during the breaks the mediator may meet with one or the other party separately. It would be good for the mediator to assure, again, the impartiality the mediator must take with all parties.5, Guidelines.If the mediator has a set of rules or guidelines for the mediation, review those with the parties. These may include; each party will have a full opportunity to explain their positions; parties are not to interrupt the other or talk over the other; parties will be respectful of the other through their speech and body language; parties are free to take notes and are encouraged to do so.6, Confidentiality.Assure the parties that all matters in the process will be kept confidential and that information given during the mediation will not be used against either party in a subsequent proceeding. The mediator should also inform the parties in what circumstance the confidences can not be held, i.e., child abuse, elder abuse. If there is a Zoom meeting, no recordings of the proceedings are permissible nor can there be others in the room throughout the mediation. However, an agreement reached, signed off on, and filed with the court will become public record and the confidences will no longer apply. An additional level of confidentiality exists in the caucus so any information revealed there that you do not wish to be revealed will be kept confidential from the other side.7. Termination.Mediation can be terminated at any time even by the mediator. Even if mandated to mediate by the judge, one is not required to settle.8. CompensationAcknowledge rate and how it is being split. Ask are there any questions.9. Agreement.If an agreement is reached in meditation, the mediator should explain it can have a significant effect on any subsequent proceeding. The mediator should have the parties sign the guidelines which will tell the mediator (and this should be explained) that each individual is able to make decisions for themselves, end mediation if they choose and the parties must understand that they will not subpoena the mediator or any staff member to testify in a subsequent proceeding. If the parties are represented by lawyers at the mediation, the parties should acknowledge they understand that because they are represented by a lawyer once they sign an agreement it is presumed they understand all the contents of the agreement and they are immediately bound by it.10. Questions.Explain that the parties will have the opportunity to ask questions throughout the mediation, but this is one last chance to ask questions to ensure the parties are coming to the table informed and prepared for a productive session. Ask if anyone has questions.ReferencesBeer, J.E., & Packard, C. C. (2012) The mediator’s handbook (4th ed.). New Society Publishers.Fleming, K. L. (n.d). The making of a mediator. https://acuonline.instructure.com/courses/4188/pages/video-3-the-making-of-a-mediator?module_item_id=205829Moore, C. (2014). The mediation process (4th ed.). Jossey-Bass.19 Jul 2021 09:16Module 3 – Readings and ResourcesRequired ReadingsBeer & Packard pp. 27-35; 93-110Required ResourcesThe mediation between Mac and Robert is about to begin. The opening stage of the mediation is an audio podcast in two separate segments. Plus, there’s a video from Dr. Fleming included to provide some additional information for you. Please play the podcasts and video in the following order.Audio Podcast 3: Opening the Mediation: Setting Expectations (Attached)Reference: https://acuonline.instructure.com/courses/4188/pages/audio-podcast-3-opening-the-mediation-setting-expectationsVideo 6: Overcoming Difficulties & the Use of Caucus (Attached)Reference: https://acuonline.instructure.com/courses/4188/pages/video-6-overcoming-difficulties-and-the-use-of-caucus?module_item_id=205833Audio Podcast 4: Opening the Mediation: Setting Expectations (Attached)Reference: https://acuonline.instructure.com/courses/4188/pages/audio-podcast-4-opening-the-mediation-setting-expectations?module_item_id=205832***Class book has to be referenced***Beer, J., & Packard, C. (2012). The Mediator’s Handbook: Revised & Expanded Fourth Edition. New Society PublishersIn this module, we have explored the opening list and its direct relationship to a smooth opening and the eventual success of the mediation between two parties in conflict. It is again time to pull it all together and digest what you have learned before moving on to the next module. Due MondayInstructions:-Discuss the following topics based on the assigned readings, class materials, and videos for this module. (Attached)-Compare and contrast the opening list your group developed in this module with Dr. Fleming’s opening list. (I am still working with my group and will send you the final group draft once it is finished which should be Saturday at the latest but I can send you what we have so far as well. Since it is a group assignment, some people still have not turned in their work yet which means we still have not finished our group final draft yet. Individuals have until today to turn in their individual work and we have until Saturday to finish our work as a group).-Identify the list you prefer to use. Give reasons for your choice. (No penalty for preferring yours over Dr. Fleming’s. No extra points for preferring hers over yours.)Using everything you now know about opening lists, create your own personal list.Paper Specs******Include the word count (900-1000 words) on your cover page. The word count for this assignment is for the first two prompts only. Do not include your actual opening list in the word count.***** WORD COUNT IS IMPORTANT! THERE IS NOT AN OPTION FOR THE WORD COUNT I NEED*** Thanks!!Include a subheading for each prompt.Do not quote your sources. Paraphrase, cite, and reference using APA format.Double-space your paper.Use 12-point Times New Roman font.Assignment 6 RubricCriteria Ratings Pts-Introduction 4 pts-Student thoroughly compared and contrasted the group’s opening list to Dr. Fleming’s opening list. 16 pts-Student identified a preferred list and provided thoughtful explanations of the declared preferences.16 pts-Student created a detailed opening list that demonstrated the synthesis of opening list knowledge. 16 pts-Conclusion 4 pts_The Paper is formatted based on APA guidelines and includes in-text citations and a reference page. 7 pts_Paper is 900-1000 words and meets basic writing standards including grammar, usage, spelling, punctuation, and organization. 7 pts

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