A summary of each exercise is listed after the title and author. The simulation is designed to challenge the mediator in aiding the parties to move from adversarial position-based bargaining over distributive issues, to cooperative interest-based bargaining over broader issues of importance to both parties Broken Squares: An Exercise Designed To Demonstrate The Shift From Individual To Cooperative Problem Solving Beryl Blaustone This exercise requires participants to analyze aspects of cooperative problem solving in group settings.Professor Blaustone also uses this exercise to discuss behaviors and attitudes that promote or detract from effective group problem solving activity. Chip Ossman This exercise explores the arbitration process and examines the vagaries of arbitration results.The Lawyer as Problem Solver workshops are organized by the Section of Dispute Resolution's Hewlett Lawyer as Problem Solver Committee.
A further problem solving technique often employed is that of changing perspective to induce a novel solution to the problem.
Problem solving skills are essential for individual and corporate success.
Creative problem solving techniques includes methods designed to shift a person’s mental state into one that fosters creativity.
There are also techniques that look for solutions to problems by reframing the problem.
It focuses on a dispute over whether a court-connected mediation program should retain a good-faith requirement.
This simulation could be used in a variety of dispute resolution courses including mediation, dispute resolution survey, dispute system design, or group facilitation courses or modules, among others. Schmitz In this exercise, students use problem solving theory to identify the ADR process most appropriate for a hypothetical client.The problem solving process begins when the problem is defined.The initial solution is often a non-creative one and a more creative solution may be required to adequately resolve the issue.With some modification, it could be used as a mediation or ombuds simulation.Preventive Law: A Methodology for Preventing Problems Thomas D.The exercise examines the difference between positions and interests, techniques for inventing options and creating value, a method for assessing options based on interests and objective standards, and the impact of the parties' BATNAs on the outcome.THE IMPORTANCE OF F--- YOU Nancy Welsh Professor Welsh uses the simulation, "The Importance of F--- You," to demonstrate how attorneys' interviewing and counseling of their clients can either help or hinder problem solving.These exercises were compiled for the Lawyer as Problem Solver workshops at the Legal Educators' Colloquium, cosponsored by the ABA Section of Dispute Resolution and the Association of American Law Schools and held in conjunction with the ABA Section of Dispute Resolution annual spring conference.This special workshop examines how exercises, role plays, and simulations can be most effectively used to develop the perspective of the lawyer as problem solver.Alternatively, the exercise can be used to introduce beginning students to the various forms of ADR and their salient characteristics by reducing the scope of the assignment.Problem Solving Negotiations Exercise Hal Abramson This exercise is designed to highlight the differences between positional and problem solving negotiations as well as introduce the key features of problem solving negotiations.