Resources > Hapless Harvest – Mediation

Duration: 90 - 120 minutes, minimum; Debrief additional

NextGen: Yes

Teaching Notes: Yes

Skills: ADR | Mediation

Skill Levels: Intermediate

Type of Resources: Simulation

Subjects: Doctrinal Subjects | Torts

Modality: Both Online and In-Person

Participants: 4 - 5

Hapless Harvest – Mediation

Marjorie Corman Aaron

Hapless Harvest – Mediation is intended as a primarily distributive bargaining problem in a litigation context. While not specifically stated, there should be a relatively small but sufficient bargaining range for agreement if the mediator is skilled and the lawyers are realistic, or the lawyers and clients work with and listen to the mediator. The simulation is structured in three, four, or five enacted stages, depending on how you use it:

Lawyer-client interviews in a first stage.
Optional: a lawyer-to-lawyer discussion about settlement, ending in no progress other than a joint decision to mediate [see details below].
Optional: A preliminary conference between the mediator and counsel [details below].
A pre-mediation preparation meeting between lawyers and clients on both sides.
A mediation.

Hapless Harvest Mediation: Teaching Note (PDF)

Hapless Harvest Mediation: General and Confidential Information for Defense Counsel (PDF)

Hapless Harvest Mediation: General and Confidential Information for Plaintiff Jan Hapless (PDF)

Hapless Harvest Mediation: General and Confidential Information for Plaintiff’s Counsel (PDF)

Hapless Harvest Mediation: General and Confidential Information for Total Insurance’s Claims Adjuster and/or Harvest Plenty’s Business Representative(s) (PDF)

Hapless Harvest Mediation: Pre-Preliminary Conference – Mediator Information (PDF)

Hapless Harvest Mediation: Pre-Preliminary Conference – Defense Counsel’s Information (PDF)

Hapless Harvest Mediation: Pre-Preliminary Conference – Plaintiff’s Counsel Information (PDF)

Hapless Harvest Mediation: Post-Preliminary Mediation Conference – Mediator Information Gathered (PDF)

Hapless Harvest Mediation: Post-Preliminary Mediation Conference – Confidential Information for Defense Counsel (PDF)

Hapless Harvest Mediation: Post-Preliminary Mediation Conference – Confidential Information for Plaintiff’s Counsel (PDF)

Hapless Harvest Mediation: Defense Client Preparation for Mediation Session (PDF)