Resources > Heartaches: Mediation

Duration: 2 class period to complete both parts

NextGen: No

Teaching Notes: Yes

Skills: ADR | Mediation

Skill Levels: Advanced | Intermediate

Type of Resources: Simulation

Subjects: Doctrinal Subjects | Torts

Modality: In-Person | Online

Participants: groups of 8 (4 lawyers and 4 parties)

Heartaches: Mediation

Marjorie Corman Aaron

This simulation draws from a documentary describing the tragic consequences of substandard care – surgeons inexperienced and unskilled in Arterial Switch Surgery, inadequate equipment, and shoddy procedures for the care of infants with heart defects – in a hospital in northern England, operated by its National Health Service. There is a client counseling phase to this scenario but each phase can be used independently.

Heartaches: Two Independent Phases – Interview and Counseling & Mediation – Overview Teaching Note (PDF)

Heartaches: Mediation – Confidential Information for Dr. Dellahunt Farmington Hospital (PDF)

Heartaches: Mediation – Confidential Information for E.B. Dallman, Associate Vice President of Claims American Hospital Insurance Company (PDF)

Heartaches: Mediation – Confidential Information for E.F. Adams, Esq. Counsel for Farmington Hospital (PDF)

Heartaches: Mediation – Confidential Information for Ellen and Elliot Fairday Parents of Joshua Fairday (deceased) (PDF)

Heartaches: Mediation – Confidential Information for Jan Carsen, Esq. Attorney for Dr. Dellahunt (PDF)

Heartaches: Mediation – Confidential Information for M. C. Trevor, Claims Representative All-Med Insurance Company (PDF)

Heartaches: Mediation – Confidential Information for Marty Hoffman, Esq. Attorney for the Plaintiff, Joshua Fairday (deceased) and His Parents (PDF)

Heartaches: Mediation – Confidential Information for T. W. Collier, CEO Farmington Hospital (PDF)