Certificate in Mediation and Conflict Resolution

College of Extended and International EducationCalifornia State University at Dominguez Hills

Mediation and Conflict Resolution Program WorkshopDr. Jack R. Goetz, Esq.

July 19, 2014

Mediation is voluntary discussion, often said to be an assisted negotiation, facilitated by a 3rd party neutral and conducted to resolve a dispute. Ideally, mediation is characterized by the term “win-win.”

Contrast with litigated cases decided by a judge/jury or even other forms of alternative dispute resolution (arbitration), which are often characterized by “win-lose.” 3rd party neutral is there to sit in judgment of who is right and who is wrong.

What will we be learning and practicing? The Art of Mediation

Dr. Jack R. Goetz, Esq., College of Extended and International

Education

Conflict Resolution Ladder

Process Decision Maker

Negotiation Ombudsperson Conciliation Mediation Collaborative Law

Arbitration and/or Trial

Disputant Disputant Disputant Disputant Disputant, with lawyer

Trier of Fact

Dr. Jack R. Goetz, Esq., College of Extended and International

Education

Why Mediation, Not Litigation? Lower cost Ability to control outcomes Flexibility with outcomes Opportunity to air grievances in safe setting Avoid biases of decision makers Quicker way to effectuate resolution Privacy

Dr. Jack R. Goetz, Esq., College of Extended and International

Education

Basic Mediation Forms and Techniques Evaluative

◦ Litigated case model◦ Mediator feedback as “another juror?”

Facilitative◦ Community mediation model◦ Mediator facilitates active listening,

understanding Transformative

◦ Often ongoing relationship between disputants◦ Mediator empowers parties to develop process to

resolve disputes for the future as well

Dr. Jack R. Goetz, Esq., College of Extended and International

Education

Active Listening◦ Framing inquiries to show empathy and in a non-

judgmental manner Negotiation

◦ How to achieve compromise, but better yet, collaboration

Self Awareness◦ Critical to any job advancement

Sensitivity to cross cultural and diversity issues

MCX will further develop and hone personal and professional skills

Dr. Jack R. Goetz, Esq., College of Extended and International

Education

Professionally◦ Respond to, and resolve, workplace and/or

community conflict◦ Negotiate effectively◦ Basic certification “plus” to begin handling

mediations◦ Jump start your mediation career

Personally◦ Skills to respond more effectively to, and resolve,

conflict situations within family or with friends

Some Uses for Conflict Resolution Skills Developed in Program

Dr. Jack R. Goetz, Esq., College of Extended and International

Education

6 Sessions— 4 full day Saturday sessions in September and October and two half-day Saturday sessions in November and December

Learn and Practice Mediation A-Z◦ Intended to comply with all California statutory

learning requirements for new mediators Connect with the Mediation Community

◦ Get to know the mediation community and the major providers

Develop a plan for using your mediation skills on a going forward basis, formally or informally

MCX 551 will teach and develop your Mediation skills

Dr. Jack R. Goetz, Esq., College of Extended and International

Education

20 hours of actual practical experience in LASC…5 sessions, 4 hours each◦ Litigated cases (small claims and civil harassment) - LA Superior

Court county wide (prospectively, Long Beach, Torrance, Downey, and if available, a courthouse near you). You will have an opportunity to reserve court dates in advance, but they occur only on weekday mornings or afternoons.

◦ This experience is practical for all mediators, regardless of whether you intend to eventually pursue court mediations. These are the same kinds of disputes that appear in community mediation settings.

MCX 552 will provide actual professional experience in

Mediation

Dr. Jack R. Goetz, Esq., College of Extended and International

Education

You will learn “speediation,” resolving litigated cases in 2 hours or less. These skills can be applied to conflict resolution in any setting.

You will start out observing and be elevated (based upon coursework completion) to co-mediation and join our successful team. You are joining a program with a reputation for successful mediations. Faculty and students have settled 433/557 cases in 2010-2014, 77.7%. Nationwide average is 50%.

Practicum Experiences MCX 552

Dr. Jack R. Goetz, Esq., College of Extended and International

Education

Completely online course providing weekly readings and discussions.

oDevelop understanding of the underlying influences that culture and differences have on belief systems, perceptions, and communication styles.

oGain expertise in how to effectively bridge differences to discover common meaning and reach common goals.

MCX 555 will build skills necessary to mediate with

cross-cultural competence

Dr. Jack R. Goetz, Esq., College of Extended and International

Education

Interest in lifelong skills in conflict resolutionand/or

Interest in negotiation skillsand/or

Interest in lifelong skills in cross cultural communication and diversity

and/or Interest in meeting professional standards

to mediate as prescribed by California law

Ideal Candidates for Program

Dr. Jack R. Goetz, Esq., College of Extended and International

Education