from $0.00
SCENARIO:
Mr. & Mrs. Rosenberg purchased a home in Brookline. The landscaper of that property, Ronnie Lincoln telephoned the Rosenbergs to see if they wanted to employ his company’s services in the same manner as the prior owners. Seemingly, an agreement was made between Mrs. Rosenberg and Mr. Lincoln to continue the landscaping service. After several billings, Lincoln pursued his clients for payment. A discrepancy surrounding the quality of the work and the actual agreement made has arisen between the Rosenbergs and Lincoln. The landscaper believes that he has done his best to make amends. However, Mr. Rosenberg interprets these actions as concessions to his point of view, and thus far has refused to make any payment to Lincoln Landscaping. The matter finally ends up in small claims court.
MECHANICS:
This mediation role play takes about 10 – 15 minutes for reading and preparation. It can either be simulated with a mediator as a one-on-one or two-on-one. The actual role play can run from 30 to 45 minutes. Videotaping can be helpful for observation and review.
MAJOR LESSONS:
- This case is useful for small claims mediators. It shows how a misunderstanding can develop due to lack of information and awareness of local customs. These factors provide an opportunity for mediators to test their information gathering skills.
- During debriefing, discussions may arise concerning mediator’s bias. The mediator can easily adopt the view that advantage has been taken of one of the parties. The intervenor then has the challenge to generate options for a good outcome that is mutually beneficial to both parties.
- Participants may discuss the value of a written contract versus an oral agreement. The element of trust is illuminated here, as well as the value of re-establishing a good business relationship.
TEACHING MATERIALS:
Role Specific:
Confidential Information for:
- Dr. Julian Rosenberg
- Ronnie Lincoln
- Mediator
Teacher’s Package:
- All of the above
PROCESS THEMES:
Anchoring; Assumptions; Commitment; Cost-benefit analysis; Communication; Credibility; Drafting; Fairness; Information exchange; Interpersonal skills; Legitimacy; Meaning of “success”; Mediation; Meeting design; Message analysis; Misrepresentation; Nonverbal communication; Objective criteria; Options, generating; Personality; Reality testing; Relationship