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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.
The authors of these exercises encourage other professors and teachers to use the exercises in their courses.
In making these exercises available to dispute resolution educators, the Hewlett Lawyer as Problem Solver Committee hopes to increase the availability of teaching tools to teach the concept of the lawyer as problem solver. You can download a free copy of Adobe Acrobat from City of Riverport Jeff Goldfien This exercise involves the mediation of a legal dispute between two local government agencies with different functions but overlapping geographic jurisdictions.
When Cultures Clash Lynn Malley This exercise is designed to get students to think outside of a number of boxes - the adversarial legal box, the white male box, and the Western logical box, among others.
As written, it would be useful in a class on crosscultural dispute resolution or on negotiation.
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.
Gender Essay - Problem Solving Exercise
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.With some modification, it could be used as a mediation or ombuds simulation.Preventive Law: A Methodology for Preventing Problems Thomas D.The latter half of the course addresses assisted negotiations, and how attorneys and their clients can participate most effectively in a mediation.The Martin Modification: Mediator Issues in State-Sponsored Programs Suzanne Curran Carney This simulation offers students an opportunity to participate in a very typical mediation experience. The subject matter is domestic relations and the mediation is provided through a government program.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.Barton This exercise discusses the principles of preventive law as well as how preventive law can be taught.The exercise includes an example in how to teach a class to think preventively.Professor Barton elaborates the second option, suggesting ways that existing courses can be re-framed to increase their reference to the structures and skills of the consent and system design modes.Law Partnership Negotiation Kathleen Murphy This exercise involves the negotiation of certain partnership issues by two lawyers who are planning to form their own law firm.