Encyclopedia Britannica Image Quest. (n.d.). Acting as a mediator in a neighborhood dispute [Photograph]. Retrieved from http://quest.eb.com/search/182_1060211/1/182_1060211/cite

This activity addresses module outcome 2. Upon completion of this activity, you will be able to:

• MO2: Evaluate the efficacy of regulating mediators and the process of mediation for the public’s benefit. (CO 3, 4)

What is the value of a mediation agreement if it is broken?

Because the government does not regulate the process of mediation, bringing an agreement to court for legal enforcement against a party who has not upheld their side is not an easy task. In the event the system became more structured, mediation agreements could potentially include prescribed elements and disclosures which may result in more uniformity and aid in decreasing the ambiguity facing mediation and assist those in upholding the agreement.

A few questions you may ask yourself prior to attempting the assignment:

• Would the mediation industry benefit from this type of regulation?
• Will a more regulated system limit the types of disputes or outcomes that may be achieved?
• Does regulated meditation alter the individual’s right to self-determine how they will engage a third party to help resolve a dispute?

For this assignment, please read:

1. Excerpts of the Uniform Law Commission (The National Conference of Commissioners on Uniform State Laws) Uniform Mediation Act (Links to an external site.):
   • Final Act
   • Act Summary
   • Why States Should Adopt
2. Opinion – Jerusalem Post  (Links to an external site.)

For this assignment, write a 750-1250 word (3-5-pages) paper that will discuss the pros and cons of uniform governmental regulation of the delivery and process of mediation, as well as regulating the mediators.

In your analysis of the impact of uniform governmental regulation on the mediation, be sure to address the following in your paper:

• Pros and cons of the cost to government and to the public
• Pros and cons of a certification process to becoming a mediator
• Pros and cons of any impact this may have on the quick and efficient mediation services the which the public is familiar.

Compose your work in a .doc or .docx file type using a word processor (such as Microsoft Word, etc.) and save it frequently to your computer. For those assignments that are not written essays and require uploading images or PowerPoint slides, please follow uploading guidelines provided by your instructor.

Check your work and correct any spelling or grammatical errors. When you are ready to submit your work, click “Upload Submission.”  Enter the submission title and then click on “Select a file to upload.” Browse your computer, and select your file. Click “Open” and verify the correct file name has appeared next to Submission File. Click on “Continue.”  Confirm submission is correct and then click on “Accept Submission & Save.”

Turnitin

This course has Turnitin fully integrated into the course dropbox. This means that you should only submit your assignments to the dropbox below. Please do not submit your assignment directly to Turnitin.com.

Once submitted, your assignment will be evaluated by Turnitin® automatically.  You will be able to view an Originality Report within minutes of your first submission that will show how much of your work has been identified as similar to other sources such as websites, textbooks, or other student papers.  Use your Originality Report as a learning tool to identify areas of your assignment that you may not have cited appropriately. You may resubmit your assignment through this dropbox as many times as you need to check to see if you have made improvements, until the due date of the assignment. However, once you have made your first submission, you will need to wait 24 hours after each subsequent submission to receive a new Originality Report. Plan accordingly as you draft your assignment. Once the due date has passed, your assignment submission will be considered final.

Evaluation

This assignment will be graded using the SPS ADR671 M6A1 Rubric located on the Course Rubrics page within the Start Here section of the course.  Please review the rubric prior to beginning your work so that you ensure your submission meets the criteria in place for this assignment.  All written assignments combined are worth 10% of your final course grade.

References

• Fidler, H. (2016). Mediation and the law. Retrieved from http://www.jpost.com/Opinion/Mediation-and-the-law-443079
• Uniform Law Commission. (n.d.). Mediation act. Retrieved from http://www.uniformlaws.org/Act.aspx?title=Mediation%20Act