$0.00 – $6.50
Pat Aaron
Three-person mediated small-claims dispute between a dry cleaning business and a customer over compensation for torn shirts
SCENARIO:
Marty Kasenberg, a regular customer of Yee Chin Cleaners brought several customized shirts to Yee to be laundered. Upon return to pick up the laundry, it was found the shirts had been destroyed. Marty is now seeking repayment of all the shirts that was left. Yee has apologized, and intends to make reimbursement. However, the two parties maintain differing views on the value of the shirts and reasonable compensation.
MECHANICS:
The arrangement of the mediation is left up to the mediator. The mediator may caucus, hold a joint session or both. The entire exercise could run from 30-60 minutes. Observations by two or more parties can be very useful for review purposes. Videotaping participants can also enhance follow-up discussions. " A Brief Outline of the Mediation Process", is useful background reading for the mediator. "An Actual Small Claims Mediated Agreement," is useful as follow-up reading for all parties, especially if mediators have been asked to draft any agreement reached. (Hand this out after the mediators have finished their own try at drafting.)
MAJOR LESSONS:
- This case is useful as a training tool for small claims mediators. It provides an opportunity for the mediator to determine what meeting design is most beneficial for gathering information and discovering bottom lines.
- Participants should be able to recognize creative options after assessing the various interests.
- The importance of letting parties vent their anger stimulates focus on the role of emotions in mediation. What effect might this have on attaining an agreement? What role does it play in trying to rebuild a relationship?
- Detailed review of precise language, ordering of issues, use of caucuses, and framing of issues can be enormously rewarding. Close observation and/or videotaping is invaluable, although student-student review is useful.
- Small claims mediation skills can be thoroughly tested when the mediator attempts to deal with the anger, the differing views in value, and legitimacy.
TEACHING MATERIALS:
Role Specific:
Confidential Instructions for:
- Marty Kasenberg
- Lou Yee Chin
- Mediator
Teacher's Package:
- All of the Above
THEMES:
BATNA; Communication; Credibility; Drafting; Emotions; Fairness; Interpersonal skills; Mediation; Meeting design; Nonverbal communication; Objective criteria; Options, generating; Partisan perceptions; Precedents; Public opinion; Reality testing; Relationship; Reservation price; Separating the people from the problem
MORE PRODUCTS BY PAT AARON:
Rosenberg v. Lincoln Landscaping
Smithfield v. Rudfurd's Home Repairs
Dirty Laundry Attributes
| Time required: | 1-2 hours |
|---|---|
| Number of participants: | 3 |
| Teams involved: | No |
| Agent present: | None |
| Neutral third party present: | Mediator |
| Scoreable: | No |
| Teaching notes available: | Yes |
| Non-English version available: | Chinese |
