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iRubric: WFU Law - Mediation 645 Rubric 1

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WFU Law - Mediation 645 Rubric 1 WFU Law - Mediation 645 Rubric 1 In-Class Mediation Simulations - 44% of Class Participation Grade (Class Participation constitutes 50% of the final grade) Rubric Code: L2254B4 By rdbatchelor Draft Public Rubric Subject: Law Type: Presentation Grade Levels: Graduate, Post Graduate

WFU Law Mediation 645 All skills are of equal value
	No. (N/A)	Below Expectations 80 pts	Fulfills Expectations 85 pts	Exceeds Expectations 90 pts
Builds Rapport	No. 1	Below Expectations Minimal attempts to build rapport before beginning and during the mediation	Fulfills Expectations Brings food Firm handshake Eye Contact w/all Warm and open body language Conversational tone Asks open ended questions to find commonality	Exceeds Expectations Fulfills expectations and is naturally personable Speaks minimally Avoids sharing personal information Effortless transitions between parties Puts people at ease so they feel comfortable opening up and motivated to work through the process
Maintains Control	No. 2	Below Expectations Minimal attempts Allow disputants to break the rules with impunity	Fulfills Expectations Begins the conference Introduces self and others Gives required opening statement Eye contact w/all Conversational tone Ensures one person speaks at a time Encourage others to listen and hear Determines when to break out, recess or impasse, after discussion w/all. May have to warn about rules	Exceeds Expectations Smoothly begins the session and graciously introduces self participants Gives a relaxed and informal opening statement using excellent eye-contact Assists the parties to speak uninterrupted. Participants listen to and hear each other Properly determines when to break out, recess or impasse, after discussion w/all. Controls the conference naturally and easily Participants do not break the rules
Explains Process/Roles	No. 3	Below Expectations Does not complete the required items for an opening statement Looks only at process form and away from disputants Does not try to couch the items in their own words Misstates material information Builds no meaningful rapport	Fulfills Expectations Maintains eye contact while following the opening statement checklist: Process and roles Differences between mediation and other forms of ADR Costs and Fees This is not a trial, the mediator is not a judge and the parties retain their right to trial if they do not settle Mediators are prohibited from giving legal advice May meet privately with participants 3 confidentiality rules Duties of the mediator Agreements must be voluntary	Exceeds Expectations Fulfills expectations and skillfully looks from process form to each participant Uses words participants can understand All participants seem engaged, listening, understanding and agreeing with opening statement Adds an analogy of the mediator's role to help explain it to participants
Exhibits Patience	No. 4	Below Expectations His/her impatience or frustration negatively affects the mediation	Fulfills Expectations Asks open-ended questions in the first few rounds Listens to each party tell their story, vent their feelings, express their wants and needs and identify what is best for themselves under all the circumstances	Exceeds Expectations Fulfills expectations and effectively listens to and hears each party tell their story, vent their feelings, express their wants and needs and identify what is best for themselves under all the circumstances
Actively Listens	No. 5	Below Expectations Repeats disputants words with prompting Does not use open body language, open ended questions to ensure understanding of what participants are saying Distracts self with internal chatter, talking too much and/or using inappropriate non-verbals or vocabulary and jargon	Fulfills Expectations Does not repeat the participants exact words Asks open ended questions and uses active listening skills to understand the meaning behind each participant's words Speaks in plain English	Exceeds Expectations Fulfills expectations and effectively employs active listening skills until participants confirm that the mediator does understand the words and their meaning Speaks in plain English and attempts to speak in a manner the parties will understand
Questions to Identify Vital Info	No. 6	Below Expectations Does not use properly graduated questions meant to elicit and discover vital information, create a dialogue, educate and guide parties.	Fulfills Expectations Uses graduated questions - in the proper order as listed below - to identify material facts, issues at hand, parties' options and their priorities: Non-verbal invitations; Verbal invitations; Open ended questions; Opinion seeking questions; Fact finding inquiries; Narrow direct or forced inquiries (which lead to party choice-making; and, Leading questions as a "devil's advocate."	Exceeds Expectations Successfully asks graduated questions to identify the material facts, issues at hand, parties' options and priorities. Uses graduated questions to assist the parties to identify underlying cause(s) of the problem and elucidate choices Considers the possible causes of conflict and sifts the parties for underlying issues (i.e. personality conflicts, loss of value, property disputes, betrayals, misunderstandings, power plays, love, jealousy, saving face)
Demonstrates paraphrasing	No. 7	Below Expectations Does not attempt to paraphrase key points back to the speaking party	Fulfills Expectations Frequently attempts to paraphrase key points back to the speaking party. Re-phrases his/her understanding until the party is satisfied with the mediator's understanding	Exceeds Expectations Consistently paraphrases key points back to the speaking party until the party is satisfied with the mediator's understanding and trusts the mediator to effectively transmit it to the opposition
Demonstrates summarizing	No. 8	Below Expectations Before leaving a private caucus, fails to (correctly) summarize that party's offer before transmitting it to opposition Generally fails to remind the parties of where they have been and the progress they have made Forgets, loses or omits key information, details of offers and/or agreements made by the parties	Fulfills Expectations Before leaving a private caucus, correctly summarizes that party's offer before transmitting it to opposition Appropriately reminds the parties of where they have been and the progress they have made Stays organized, documents and transmits key information, offers and agreements made by the parties Can find keys in notes quickly and effectively	Exceeds Expectations Keeps the mediation on track at all times with correct summaries of key information, details of offers and/or agreements between the parties Can recall keys in notes quickly and effectively Makes smooth transitions between parties
Empathizes	No. 9	Below Expectations Is unable to place him/herself into the shoes of the parties Demonstrates a lack of sympathy for the position of the parties. Wrongly shares personal information or experiences as a method of showing he/she understands	Fulfills Expectations Is able to place him/herself in the shoes of each party and demonstrates that understanding to the parties without sharing personal or experiential information	Exceeds Expectations Demonstrates his/her understanding to the parties without sharing personal or experiential information. Comprehends and expresses understanding regarding parties' feelings, thoughts, motivations, wants and needs even though he/she may be of differing cultures, experiences, perspectives, ways of thinking and even though they may strongly disagree with the parties' points of view
Remains Impartial	No. 10	Below Expectations Impresses his/her own opinions on participants causing them to shift their struggle with each other to a struggle with the mediator	Fulfills Expectations Refuses to give his/her opinion until the parties have exhausted their own brainstorming of options for settlement.	Exceeds Expectations Fulfills expectations and when he/she gives an opinion, it is in the form of options that "others may have tried or used."
Remains Forbearant	No. 11	Below Expectations Impresses his/her opinions such that the outcome is not truly knowing or voluntary	Fulfills Expectations Refrains from imposing his/her opinions such that the outcome is voluntary	Exceeds Expectations Allows the parties to formulate their own solutions and are thus satisfied with the legal process and less likely to perpetuate conflict with the same party. Builds trust such that the mediator may more readily educate the parties and assist them in analyzing their options and strategies
Remains Neutral	No. 12	Below Expectations Does not properly control non-verbal and verbal communication in order to keep personal thoughts and biases to self	Fulfills Expectations Maintains a professional demeanor and uses active listening skills to ensure full understanding of each side Keeps personal thoughts and experiences to him/herself	Exceeds Expectations Never crosses the line from professional to personal Never in word or deed indicates favor for one side Reminds the parties periodically that it is not up to the mediator to decide what is fair
Remains Flexible	No. 13	Below Expectations Does not recognize that his/her style is negatively affecting the mediation	Fulfills Expectations Recognizes that his/her style may be negatively impacting the mediation Flexes his/her style to accommodate those of each participant	Exceeds Expectations Flexes his/her style as the needs of the mediation process change (i.e. listening, empathizing, educating, playing "devil's advocate," and then effectively moving the parties towards a resolution
Is Self-Aware	No. 14	Below Expectations Is unaware that his/her own personality, cultural identity, values, sensitivities, motivations, biases and prejudices might inadvertently affect the outcome. Unconsciously allows his/her own traits to negatively impact a mediation (i.e. spends less time with unlikable participant, etc.)	Fulfills Expectations Works to become aware and acknowledge personal traits and consciously tries to keep those traits from negatively impacting the mediation	Exceeds Expectations Has self awareness of traits and consistently identifies when those traits are impeding mediation. Flexes their style to minimize the impact of these characteristics on the process
Is Able to Clarify	No. 15	Below Expectations Incorrectly assumes he/she understands the meaning and import of the participants' words	Fulfills Expectations Uses clarifying questions to check his/her assumptions against what the speaker actually means	Exceeds Expectations Doe not make assumptions but - through skillful questions - sifts out the true intent of the parties'
Is Able to Neutralize	No. 16	Below Expectations Does not try to modify unproductive communications, de-escalate polarizing behavior or re-direct the parties to more productive communications	Fulfills Expectations Works to de-escalate polarizing behaviors (i.e. separates the parties, speaks privately with participants, use humor to defuse tension and redirect focus, removes denigrating or inflammatory content)	Exceeds Expectations Successfully de-escalates polarizing behaviors such that the parties can think more clearly, speak more calmly and rationally hear and consider each others' points of view
Demonstrates Positive Reframing	No. 17	Below Expectations Transmits information to other side poorly, without re-framing it in a way the other side can hear it Misstates or omits material information	Fulfills Expectations Uses re-framing to put the information from one side in a form that the other side can hear it by: Focusing on the future Deleting Blame Focusing on problem solving Emphasizing shared responsibility Focusing on the real underlying issues it Correctly transmitting all material information	Exceeds Expectations Fulfills expectations and thoughtfully analyzes how to re-frame the information so that the other side hears it
Is Able to Mutualize	No. 18	Below Expectations Does not try to assist the parties to identify shared interests Does not remind the parties how much progress they've made during the session Does not remind the parties of the time, money and aggravation they would save by making a counter offer	Fulfills Expectations Tries to assist the parties to identify shared interests. Appropriately reminds the parties how much progress they've made during the session. Appropriately reminds them of the time, money and aggravation they would save by making a counter offer	Exceeds Expectations Fulfills expectations and successfully assists the parties to identify shared interests. Persuasively reminds the parties how much progress they've made during the session and of the time, money and aggravation they would save by making a counter offer
Is Able to Futurize	No. 19	Below Expectations In later rounds, does not demonstrate an ability to divert the participants' attention from past events about which nothing can be done Does not demonstrate ability to re-focus the parties on the present and future to make things better for both	Fulfills Expectations In later rounds, demonstrates an ability to divert the participant's attention from past events Tries to demonstrate an ability to re-focus the parties on the present and future to make things better for both	Exceeds Expectations Fulfills expectations and successfully diverts diverts the participant's attention from past events and successfully re-focuses the parties on the present and future Successfully motivates the parties to consider all proposals
Maintains Confidentiality	No. 20	Below Expectations Consciously or unconsciously reveals confidential information which a party has requested be kept to him/herself At appropriate times, fails to warn the parties of the exceptions to the rule	Fulfills Expectations Maintains confidentiality which a party has requested be kept to him/herself At appropriate times, reminds parties about the exceptions to the rules	Exceeds Expectations Keeps confidences (i.e. defendant's upcoming bankruptcy) Uses neutral and impartial questions to assist defendant in considering negative possibilities (i.e. have you determined whether defendant is judgment proof?) Asks to allow him/her to reveal the private information and the reason he/she believes it will break an impasse (plaintiff may consider taking less if they know defendant is judgment proof) Consistently but respectfully reminds parties of the exceptions when approp
Uses Impasse Breaking Tools	No. 21	Below Expectations Impasses the mediation without attempting to use at least 9 impasse breaking skills	Fulfills Expectations Does not impasse the mediation until trying 10 or more of the 18 tools given by professor for breaking an impasse	Exceeds Expectations Resists impasse until trying all 18 impasse breaking tools, some more than once as appropriate
Guide to Good Resolutions	No. 22	Below Expectations Resolutions are not realistic or fair/balanced (i.e. Students took shortcuts to settle before class period ended)	Fulfills Expectations Good resolution that stops the problem, but may not prevent the situation from happening again	Exceeds Expectations Strong resolution in which both parties share responsibility and believe the outcome is equally fair or unfair
Creates Positive Closure	No. 23	Below Expectations Ends the mediation without a positive message to participants	Fulfills Expectations Ends the mediation by congratulating everyone on reaching a reasonable settlement Allows participants to say goodbye to each other if they wish Gives firm handshake, warm smile and good eye-contact Thanks each for hard work Leaves them with a business card and the hope that they can still settle after mediation	Exceeds Expectations Fulfills expectations and reminds the participants that they can call if they need further mediation in this case or others
Takes Care of Self	No. 24`	Below Expectations Does not take breaks when necessary Becomes demonstrably irritable, frustrated and/or extremely emotional because of failure to stay well-fed, hydrated and rested Impairs self with alcohol or drugs	Fulfills Expectations Takes reasonable breaks when necessary Maintains professional demeanor despite internal turmoil Stays well-fed, hydrated and rested Does not impair self with alcohol or drugs	Exceeds Expectations Fulfills expectations. Leaves each side with value questions to ponder while the mediator is with the opposition or on a break.
Is on the Learning Curve	No. 25	Below Expectations Does not seem to understand or internalize suggestions or constructive criticism from professor or guest attorneys Repeats errors and omissions over time Fails to experiment with skills Remains staid and self-conscious despite repeated attempts over time Remains distracted or agitated over time by the professor or guest attorney's appearance or presence in the room and/or their interruption for teaching points	Fulfills Expectations Learns and technically demonstrates mediation skills Experiments with skills (trial & error) Is only minimally distracted by the professor or guest attorney's appearance or presence in the room and/or their interruption for teaching points	Exceeds Expectations Fulfills expectations and is not distracted over time by the professor or guest attorney's appearance or presence in the room and/or their interruption for teaching points Seamlessly dovetails the professor/guest teaching points into the topics or questions at hand Smoothly transitions back to negotiations after interruption

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