Answer to Question #321147 in English for eddie

Question #321147

Teacher Eva asks you to create an introduction for this lesson by using the mediation technique of ‘recruit’. Use the information that you have learned and create a suitable introduction for this lesson plan. 


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Expert's answer
2022-04-05T02:01:01-0400

Mediation involves: Voluntary participation. Face-to-face discussions between the parties in conflict. An unbiased mediator without any decision-making power who helps those involved to understand each other's point of view and come to an agreement.

Gator v. City of Quincy – Featured Small Claims Mediation

This three-person, two-hour, small-claims mediation is between a motorist and a city attorney regarding liability for damage to the motorist’s automobile due to a pothole. Alex Gator, a in young salesperson, has a car that was damaged when Alex drove it into a large hole in a city street. Alex claims that the City of Quincy is responsible for the damage, since no warning signs were posted near the hole, which was part of a city construction project. The city, represented by a hard-nosed, part-time city attorney, does not really doubt Alex’s story, but claims no legal liability under applicable statutes. Both sides have agreed to mediation, but have only a limited time to discuss the case, before it is called before a judge in Small Claims Court. Major lessons of this simulation include:

  • This exercise tests a mediator’s skill at information-gathering and reality testing. Both sides are withholding important information that can most likely be elicited only by skillful questioning.
  • The mediator must also be a skilled negotiator. The city attorney is a polished hard bargainer. Alex is a young person determined to see a just and principled result, not a compromise under pressure.
  • The role of “face-saving” and legitimacy is highlighted in the (conflicting) interests of both sides.

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