Resources > Bagging Settlement

Duration: Initial Contacts: 15 - 20 minutes plus debrief; Premliminary Conference: 45 - 60 minutes plus debrief; Mediation: 3 hours plus debrief

NextGen: No

Teaching Notes: Yes

Skills: ADR | Mediation

Skill Levels: Basic | Intermediate

Type of Resources: Simulation

Subjects: Contracts | Doctrinal Subjects

Modality: Both Online and In-Person

Participants: groups of 2-5

Bagging Settlement

Marjorie Corman Aaron

This is a two-party mediation simulation, designed to be done in three phases: Initial contacts between counsel and then the mediator; an early dispute process dispute about documents to be exchanged (once the conflict is discovered in a preliminary call, the mediator is to try to work out a resolution), and the mediation itself. Prior to the mediation, the lawyers would presumably meet with their clients to prepare. this was originally written as a simple mediation simulation, without the two earlier phases. It is still possible to use it that way – skipping phases 1 and 2. Or, depending on your audience and time constraints, you could just hand out and discuss phases 1 and 2, before role-playing through the mediation itself. This is a contract dispute, between Bagger Inc., a distributor and manufacturer of woven polypropylene bags, based outside of Philadelphia, and Delishco Inc., a large Cincinnati company.

Bagging Settlement Mediation: Teaching Note (PDF)

Bagging Settlement Mediation: Phase 1 – Initial Contacts – Information for Bagger’s Attorney (PDF)

Bagging Settlement Mediation: Phase 1 – Initial Contacts – Information for Delishco’s Attorney (PDF)

Bagging Settlement Mediation: Phase 1 – Initial Contacts – Cincinnati-based Mediator’s Information (PDF)

Bagging Settlement Mediation: Phase 1 – Initial Contacts – Philadelphia-based Mediator’s Information (PDF)

Bagging Settlement Mediation: Phase 2 – Negotiation Documents & Preliminaries – Before the Conference Call with Counsel (PDF)

Bagging Settlement Mediation: Phase 2 – Negotiation Documents & Preliminaries – Information for Bagger’s Attorney (PDF)

Bagging Settlement Mediation: Phase 2 – Negotiation Documents & Preliminaries – Information for Delishco’s Attorney (PDF)

Bagging Settlement Mediation: Phase 2a – Negotiation Documents & Preliminaries – Conference Call with Counsel – Second Take (PDF)

Bagging Settlement Mediation: Phase 3 – Finally, the Mediation – Confidential Information for Bagger (PDF)

Bagging Settlement Mediation: Phase 3 – Finally, the Mediation – Confidential Information for Bagger’s Attorney (PDF)

Bagging Settlement Mediation: Phase 3 – Finally, the Mediation – Confidential Information for Delishco (PDF)