"Stop-Action Role Play"

1. Develop a scenario and script that demonstrates a mediator and parties in a mediation.
2. Ask the participants to stop the role play when they see an ethical issue arise.
3. For each ethical dilemma, have the class
   • identify the ethical issue, and
   • discuss what the mediator might do or say to address the situation.
4. Re-play the relevant part of the mediation with the mediator responding with the approach developed by the class.
5. After seeing the mediator carry out the group’s suggestion, have the group briefly discuss the effectiveness of the intervention.
6. Continue the demonstration until the class has an opportunity to address several ethical dilemmas.
7. At the end of the exercise, ask the class to identify the factors that made for the most effective mediator responses.
   Examples:
   • Do no harm – don’t make the situation worse
   • Stay in the mediator role
   • Be honest
   • Be respectful

Alternative Questions 

Stop Action Role Play
Instructions for Role Players

Mediator: ______________________________

Party 1 _______________________________

Party 2 _______________________________

Mediator will need

• Business card
• Paper and pen for taking notes

Situation

For two years __________ and _____________ have been partners in an online dating website, ADR singles.com.

(P1)_________________ originally invested $20,000 as a silent partner but now wants her money back because she believes that (P2)_________________ is mismanaging the business. P2 says that if P1 pulls her money out that the business surely will fail. Their web designer suggested they try mediation to resolve this dispute.

(Demo starts at the very end of the introductory remarks)

M: The last thing I want to cover is confidentiality. As the mediator, I will not repeat anything you say in this mediation. If we meet in individual sessions, I will not reveal to the other party what you said unless you give me specific permission to do so.

M: Are there any questions before we begin?

P1: Do you ever do employment mediations?

M: Well, yes I do and here’s my card.

(Hopefully, audience stops the demo)

• Discuss the ethical issue
• Give the mediator instructions on what to do

Replay

P1: Do you ever do employment mediations?

M: (Whatever the audience told the mediator to say)

P1: I have a business with lots of disputes. I may have need for your services in the future.

M: Yes - maybe we could discuss this more after the mediation.

(Hopefully, audience stops the demo)

• Discuss the ethical issue
• Give the mediator instructions on what to do

Replay

P1: I have a business with lots of disputes. I may need your services in the future.

M: (Whatever the audience told the mediator to say.)

Ask the audience how effective the response was.

Continue

M: Any other questions before we begin?

    (Asks for initial statements starting with Party 1)

P1: I just want to get my money out of this company before she ruins it.

M: (Asks for initial statement from Party 2)

P 2: I started this business and she agreed to be a silent partner. I know it will be profitable if we give it a chance. I’d like to work this out, but if she forces the issue, I’m more than willing to take this to court.

M: OK. Thank you for those initial statements. I’d like to spend some time exploring how each of you sees the problem. Let me begin by asking both of you what your original expectations were about how the partnership would work..

P1: Well first of all, I expected that P2 would know how to run a dating website! But she’s got it all screwed up! Everyone knows you can’t match mediators with arbitrators. The mediators can’t make up their minds and then the arbitrators get impatient and start telling them what to do. They need to be in separate sections! It’s ruining our match rate!

P2: (to the Mediator) See? This is the problem – She’s supposed to be a silent partner and she constantly interferes with my management of the business. Don’t you think it would be better if she would just let me do my job?

M: (To P1) Well, it does sound like you can be a little overbearing…

 (Hopefully, audience stops the demo)

• Discuss the ethical issue
• Give the mediator instructions on what to do

Replay

P2: (to the Mediator) See? This is the problem – She’s supposed to be a silent partner and she constantly interferes with my management of the business. Don’t you think it would be better if she would just let me do my job?

M: (Whatever the audience told the mediator to say.)

Ask the audience how effective the response was.

Continue

Fast-forward: The parties became so emotional that the mediator decided to break them into individual sessions to help them vent their emotions and to more fully explore their interests.

We’ll re-join the mediation at the point that the mediator is finishing her first individual session with P1.

M: So one of your most important interests is to resolve this in a way that won’t make you look bad to other business people in the community.

P1: Yes, but I don’t want P2 to know that.

M: OK, so I will make sure not to repeat anything you’ve told me.

If you would wait here for about 15 minutes, I’m going to meet with P2.

(Starts session with Party 2)

M: Thank you for waiting. So far in the mediation I’ve heard a couple of interests that are important to you: to protect your financial investment and to have clear roles in the business partnership. What else is important to you in this situation?

P2: I need to resolve this in a way that protects my professional reputation.

• Discuss the ethical issue
• Give the mediator instructions on what to do

Replay

P2: I need to resolve this in a way that protects my professional reputation.

M: (Whatever the audience told the mediator to say)

Ask the audience how effective the response was.