Problem Solving Mediation Evaluation Form Mediator: ________________________ Recorder: ________________________ 100 Total Possible Points Problem-Solving Method of Mediation Grading Rubric The problem-solving method below is found on pp. 68-69 of Moore (2003). Stages 1-5 deal with steps that prepare mediators and disputants for the eventual mediation process. Stage 6 begins the mediation process. Stage 1: Establishing Relationship with the Disputing parties Stage 2: Selecting a Strategy to guide Mediation Stage 3: Collecting and Analyzing Background Information Stage 4: Designing a detailed Plan for Mediation Stage 5: Building Trust and Cooperation I. Introduction: Stage 6: Beginning the Mediation Session (18 pts) 1 Introduction of the mediators (establish credibility) and parties ____/2 2 Gain commitment from parties to participate ____/1 3 Definition of mediation (informal, self-determination, collaboration, control, etc.) in alignment with the problem solving model ____/1 4 Educate parties about the mediation process; role of mediation and mediator’s role ____/1 5 Uses a metaphor for describing what mediation is in problem solving approach ____/2 6 Explain the benefits of mediation in terms problem solving mediation ____/1 7 Develops rapport/credibility with the parties ____/1 8 Statement of impartiality and neutrality (avoids authoritative stance) ____/1 9 Description of the proposed mediation procedures ____/1 10 Explanation of the concept of the caucus (use the word separate session instead of caucus) ____/1 11 Definition of the parameters of confidentiality (except where disclosure is required by law-which involves child and adult abuse issues). Also, parties are allowed to seek legal advice. ____/1 12 Description of logistics, scheduling and length of meetings (agenda) ____/1 13 Suggestions for behavioral guidelines or ground rules ____/1 14 Answers to questions posed by the parties ____/1 15 Securing a joint commitment to begin ____/1 16 Preview the session: what should parties expect will happen ____/1 Total points Earned ______/18 II. Body: A. Stage 7: Defining issues and setting an agenda & identifying global needs (8 pts) 1Ask permission to take notes____/12Identify the true interests that must be satisfied in a potential settlement ____/13Asks open-ended questions; reframes when necessary____/14Clarifies issues and interest are most important to work on____/1 5 Identify key people involved in dispute ____/1 6 Determine the sequence for handling the issues ____/1 7 Ask parties to generate shared needs (global needs) ____/1 8 Establish common ground in parties ____/1 Total Points Earned _____/8 B. Stage 8: Uncovering hidden interests of the disputing (5 pts) 1 Engaged in interest-oriented discussion for each individual party ____/1 2 Use brainstorming to uncover hidden interest ____/1 3 Restate each party’s interests and get confirmation that you ar.

1. Problem Solving Mediation Evaluation Form
Mediator: ________________________ Recorder:
________________________
100 Total Possible Points
Problem-Solving Method of Mediation Grading Rubric
The problem-solving method below is found on pp. 68-69 of
Moore (2003). Stages 1-5 deal with steps that prepare mediators
and disputants for the eventual mediation process. Stage 6
begins the mediation process.
Stage 1: Establishing Relationship with the Disputing parties
Stage 2: Selecting a Strategy to guide Mediation
Stage 3: Collecting and Analyzing Background Information
Stage 4: Designing a detailed Plan for Mediation
Stage 5: Building Trust and Cooperation
I. Introduction: Stage 6: Beginning the Mediation Session (18
pts)
1
Introduction of the mediators (establish credibility) and parties
____/2
2
Gain commitment from parties to participate
____/1
3
Definition of mediation (informal, self-determination,
collaboration, control, etc.) in alignment with the problem
solving model

2. ____/1
4
Educate parties about the mediation process; role of mediation
and mediator’s role
____/1
5
Uses a metaphor for describing what mediation is in problem
solving approach
____/2
6
Explain the benefits of mediation in terms problem solving
mediation
____/1
7
Develops rapport/credibility with the parties
____/1
8
Statement of impartiality and neutrality (avoids authoritative
stance)
____/1
9
Description of the proposed mediation procedures
____/1
10
Explanation of the concept of the caucus (use the word separate
session instead of caucus)
____/1
11
Definition of the parameters of confidentiality (except where
disclosure is required by law-which involves child and adult
abuse issues). Also, parties are allowed to seek legal advice.
____/1
12
Description of logistics, scheduling and length of meetings
(agenda)
____/1

3. 13
Suggestions for behavioral guidelines or ground rules
____/1
14
Answers to questions posed by the parties
____/1
15
Securing a joint commitment to begin
____/1
16
Preview the session: what should parties expect will happen
____/1
Total points Earned
______/18
II. Body:
A. Stage 7: Defining issues and setting an agenda & identifying
global needs (8 pts)
1Ask permission to take notes____/12Identify the true interests
that must be satisfied in a potential settlement
____/13Asks open-ended questions; reframes when
necessary____/14Clarifies issues and interest are most
important to work on____/1
5
Identify key people involved in dispute
____/1
6
Determine the sequence for handling the issues
____/1
7
Ask parties to generate shared needs (global needs)
____/1
8
Establish common ground in parties
____/1

4. Total Points Earned
_____/8
B. Stage 8: Uncovering hidden interests of the disputing (5 pts)
1
Engaged in interest-oriented discussion for each individual
party
____/1
2
Use brainstorming to uncover hidden interest
____/1
3
Restate each party’s interests and get confirmation that you are
correct
____/1
4
Public restate the interests of both parties n a joint-problem
statement
____/1
5
Asks the parties of the description of the parties’ interests are
accurate; restate until mutually acceptable.
____/1
Total Points Earned
_____/5
C. Stage 9: Generating options for settlement (3 pts)
1Help parties generate several options____/12Identified and
shared possible outcomes with parties____/1
3
Used appropriate interventions (alternation, integrative interest-
based solutions, log rolling, etc.)
____/1
Total Points Earned
_____/3

5. D. Stage 10: Assessing options for settlement (4 pts)
1
Clarify with parties that options are do-able
____/1
2
Clarify options are substantive (they define specific exchanges)
____/1
3
Assess the costs and benefits of selecting options with parties
____/1
4
Encourage positive settlement ranges
____/1
Total Points Earned
_____/4
E. Stage 11: Final bargaining (6 pts)
1
Incorporate deadlines in final agreement if necessary
____/2
2
Discuss consequences of not meeting deadlines
____/2
3
Schedule follow-up (if necessary)
____/2
Total Points Earned
_____/6
III. Conclusion: Stage 12 Achieving formal settlement (7pts)
1
Reviews the agreement terms appropriately and accurately
____/1

6. 2
Identify procedural steps to operationalize the agreement
____/1
3
Establish an evaluation and monitoring procedure
____/1
4
Formalize the settlement and create an enforcement and
commitment mechanism
____/1
5
Reviews confidentiality of the session
____/1
6
Commends participants for their participation
____/1
7
Congratulates parties for their progress or settlement
____/1
Total Points Earned
_____/7
VII. DELIVERY AND MEMORY LOG (19 points)
1
Cultural sensitivity
____/1
2
Direct and shared eye-contact to both parties
____/1
3
Effective gesturing
____/1
4
Avoids reading or too much note taking

7. ____/1
5
Effective vocalics: articulation, volume, rate, projection
____/1
6
Effective kinesics: posture, movement
____/1
7
Composure during emotional times
____/1
8
Uses appropriate humor
____/1
9
Establishes credibility
____/1
10
Maintains rapport with parties during the session
____/1
11
Expresses sincerity, confidence, and dynamism

8. ____/1
12
Demonstrates appropriate facial expressions
____/1
13
Uses parties’ names (generally first name unless parties desire
otherwise: need to ask at the beginning of the session)
____/1
14
Effectively displays memory log of the session
____/1
15
Writes appropriate memory log for Section II, Stage 7
____/1
16
Writes appropriate memory log for Section II Stage 8
____/1
17
Writes appropriate memory log for Section II Stage 9
____/1
18
Writes appropriate memory log for Section II Stage 10
____/1
19
Writes appropriate memory log for Section II Stage 11
____/1
Total Points Earned
_____/19
TOTAL POSSIBLE POINTS FOR MEDIATION SESSION 70
POINTS

9. TOTAL POINTS EARNED FOR MEDIATION SESSION
______/70
VIII. Outline(20 points)
Outline should follow the format above and labeled with Roman
numerals:
a
I. Introduction: Beginning the Mediation Session
____/4
b
Body:
A. Defining issues and setting an agenda & identifying
global needs
B. Uncovering hidden interests of the disputing
C. Generating options for settlement
D. Assessing options for settlement
E. Stage 11: Final bargaining
____/12
c
Conclusion: Achieving formal settlement
____/4
Total Points Earned
_____/20Case Study (10 points)
a
Is case study real and current; and APA citation style use?
____/2
b

10. Contain information on background, history, issues, situation,
context, communication, etc.
____/5
c
Have two parties
____/1
d
Does the case study contain a detail of hidden interests of
parties?
____/2
Total Points Earned
_____/10
SUMMARY
SECTION
TOTAL POSSIBLE POINTS
TOTAL EARNED POINTS
1
MEDIATION
70
_____________/70
2
OUTLINE
20
_____________/20
3
CASE STUDY
10
_____________/10
TOTAL POINTS EARNED
________________/100
Comments:
Literature Review

11. 1
Unsatisfactory
0.00%
2
Less than Satisfactory
75.00%
3
Satisfactory
79.00%
4
Good
89.00%
5
Excellent
100.00%
80.0 %Content
10.0 % Introduction
An introduction is not present.
An introduction is present, but it does not relate to the body of
the paper.
An introduction is present, and it relates to the body of the
paper. There is nothing in the introduction to entice the reader
to continue reading.
An introduction is present, and it relates to the body of the
paper. Information presented in the introduction provides
incentive for the reader to continue reading.
An introduction is present, and it relates to the body of the
paper. Information presented in the introduction is intriguing
and encourages the reader to continue reading.

12. 20.0 % Comparison of Research Questions
No comparison of research questions is presented.
A comparison of research questions is presented, but it is not
valid.
A cursory though valid comparison of research questions is
presented.
A moderately thorough and valid comparison of research
questions is presented.
A reflective and insightful comparison of research questions is
presented.
20.0 % Comparison of Sample Populations
No comparison of sample populations is presented.
A comparison of sample populations is presented, but it is not
valid.
A cursory though valid comparison of sample populations is
presented.
A moderately thorough and valid comparison of sample
populations is presented.
A reflective and insightful comparison of sample populations is
presented.
20.0 % Comparison of the Limitations of the Study
No comparison of the limitations of the study is presented.
A comparison of the limitations of the study is presented, but it
is not valid.
A cursory though valid comparison of the limitations of the
study is presented.
A moderately thorough and valid comparison of the limitations
of the study is presented.
A reflective and insightful comparison of the limitations of the
study is presented.
10.0 % Conclusion and Recommendations for Further Research
No conclusion and recommendations for further research are
presented.

13. A conclusion and recommendations for further research are
presented, but they are not valid.
A conclusion and recommendations for further research are
valid, but they are cursory.
A conclusion and recommendations for further research are
valid and moderately thorough.
A conclusion and recommendations for further research are
reflective and insightful.
15.0 %Organization and Effectiveness
5.0 % Thesis Development and Purpose
Paper lacks any discernible overall purpose or organizing claim.
Thesis is insufficiently developed or vague. Purpose is not
clear.
Thesis is apparent and appropriate to purpose.
Thesis is clear and forecasts the development of the paper.
Thesis is descriptive and reflective of the arguments and
appropriate to the purpose.
Thesis is comprehensive and contains the essence of the paper.
Thesis statement makes the purpose of the paper clear.
5.0 % Argument Logic and Construction
Statement of purpose is not justified by the conclusion. The
conclusion does not support the claim made. Argument is
incoherent and uses noncredible sources.
Sufficient justification of claims is lacking. Argument lacks
consistent unity. There are obvious flaws in the logic. Some
sources have questionable credibility.
Argument is orderly, but may have a few inconsistencies. The
argument presents minimal justification of claims. Argument

14. logically, but not thoroughly, supports the purpose. Sources
used are credible. Introduction and conclusion bracket the
thesis.
Argument shows logical progressions. Techniques of
argumentation are evident. There is a smooth progression of
claims from introduction to conclusion. Most sources are
authoritative.
Clear and convincing argument that presents a persuasive claim
in a distinctive and compelling manner. All sources are
authoritative.
5.0 % Mechanics of Writing (includes spelling, punctuation,
grammar, language use)
Surface errors are pervasive enough that they impede
communication of meaning. Inappropriate word choice or
sentence construction is used.
Frequent and repetitive mechanical errors distract the reader.
Inconsistencies in language choice (register), sentence
structure, or word choice are present.
Some mechanical errors or typos are present, but they are not
overly distracting to the reader. Correct sentence structure and
audience-appropriate language are used.
Prose is largely free of mechanical errors, although a few may
be present. A variety of sentence structures and effective
figures of speech are used.
Writer is clearly in command of standard, written, academic
English.
5.0 %Format
2.0 % Paper Format (use of appropriate style for the major and

15. assignment)
Template is not used appropriately or documentation format is
rarely followed correctly.
Template is used, but some elements are missing or mistaken;
lack of control with formatting is apparent.
Template is used, and formatting is correct, although some
minor errors may be present.
Template is fully used; There are virtually no errors in
formatting style.
All format elements are correct.
3.0 % Documentation of Sources (citations, footnotes,
references, bibliography, etc., as appropriate to assignment and
style)
Sources are not documented.
Documentation of sources is inconsistent or incorrect, as
appropriate to assignment and style, with numerous formatting
errors.
Sources are documented, as appropriate to assignment and style,
although some formatting errors may be present.
Sources are documented, as appropriate to assignment and style,
and format is mostly correct.
Sources are completely and correctly documented, as
appropriate to assignment and style, and format is free of error.
100 % Total Weightage

16. Conflicts at the workplace are inevitable as some personalities
clash. A personality clash in the workplace is often ignited by a
perception of another person’s character and motives or
emotions. In this case study, we review a conflict between a
newly employed CEO to a company and the senior manager.
Before the arrival of Mr. John Ford as the CEO, Mr. Jose
Champ was the senior manager and was in charge of
administration and overall performance of the company. The
Board of Management felt that Champ was being overworked
and thus the need to recruit a CEO to help in the running of the
firm. The Board had also realized a drop in the company
performance thus the need for a CEO. The Board suggested a
change in the senior management structure. The CEO, Mr. John
Ford was selected through a competitive interview and was
supposed to take over the leadership of the firm after some
guidance by Mr. Champ.
The conflict between the two was negatively impacting their
relationship, and they could not steer the company to its goals
as was expected. The trust between was fast breaking down. The
deteriorating relationship between the two was having an impact
on the other employees.
For instance, Mr. Champ was used to issuing instructions to the
subordinate staff and heading various departments. Since the
arrival of Mr. Ford, he felt that he should be consulted before
any such instructions are given. Departmental heads were also
not sure to whom to report to when an issue arose. Ford felt that
he was in the best situation to handle such situations as he was
the CEO.
Their conflicting personalities become evident from the first
day. Mr. Champ felt that his role and his status was being
diminished. He also felt that he was more qualified and that the
board should have promoted him to the CEO position instead of
hiring someone from outside the organization. Champ felt that
he could no longer steer the teams below him as he used to and
that the success of the company would no longer be associated

17. with his input and thus wouldn’t be recognized.
Champ was also unhappy with Ford’s style of leadership and
character. He felt that he was authoritative, proud and did not
consult when making his decisions. This gave the impression
that his opinions to major decisions such as promotions and
demotions of employees weren’t important any longer. He also
felt that the CEO was proud and did not address him with
respect in front of the other employees.
The CEO, on the other hand, felt that it was an opportunity to
put his vast skills and experience to use. Mr. Ford, on the other
hand, felt that since the company had hired his services, he
should be fully responsible and he should not consult the senior
manager in any if his decisions. He felt that the position of the
senior manager should no longer exist as it led to the
conflicting roles. Ford was sometimes discouraged when he
issued instructions to department head inquiring on various
issues only to find that Champ had issued different instructions.
Champ’s attitude did also not impress Ford. He felt that Champ
was jealous of his promotion and that he was unresponsive to
change in that he still wanted to be held with respect by the
other employees even though he was no longer the overall
company head.
A good thing to note is that each of the parties had hidden
interests that inflated the conflict. The CEO felt that his growth
ambitions in the company were limited as long as the senior
manager was still serving. He wanted to have an opportunity to
fully be in charge of all the dealings in the company. Ford
wanted Champ to recognize him as the head and respect the
decisions he made in the company.
On the other hand, Champ, the senior manager felt that his
dedication to the company had not been recognized by the
Board and thus felt unappreciated. He felt that the Board should
have considered him while recruiting the CEO as he felt he was
the best suited. Also, during the recruitment process, he has
made it clear to the Board that Ford wasn’t the best to work
with but the Board went ahead and recruited him. Ford also felt

18. that he could no longer get the respect he used to be accorded
by the employees and staff as it was initially.
In conclusion, it is evident that mediation is inevitable to solve
the conflict between Ford and Champ to ensure that they have a
good relationship. The mediation will also try to look into the
underlying issues that led to the conflict. Mediation will also
ensure that the performance of the company is not interfered
with.