Week 44: Case Study

This technique is used more in advanced trainings. It can also be used in refresher courses if the trainees have experience of mediating more than 100 cases.

Example

1. Petition for annulment of marriage filed by husband.

Husband’s allegations: Wife claimed herself to be B.Tech graduate. But fifteen days after marriage he found out from her certificates that she has just completed P.U.C, that too in attempts. Trust is shattered. He cannot live with her as she is a liar. They are separated immediately after 15 days of marriage.

Wife’s counter: Husband had advertised for a homemaker wife. Hence her qualification is immaterial. She had passed PUC in attempts, but later she did her Engineering., i.e, B.Tech from open university. Husband is not believing those certificates. Wife wants reunion.

Both are sticking onto their positions.

Question: What can be done?

Trainer collects answers from all the trainees.

Usefulness: This Case study can be used to train the trainees in generating multiple options. Such training may help the trainees in their actual mediations while assisting the disputing parties in the generation of options.
Such case studies will prepare them to handle Impasse situations. 

2. Suit for partition filed by sisters against brothers.

Brothers did not want to give anything to sisters. Sisters gave an indication that they being rich were not looking forward to equal share. During mediation brothers offered to give three acres of land to each sister as against their entitlement for twenty acres to each.   

Mediator conveyed the same to the sisters. “Your brothers are ready to give three acres to each of you. Are you ready to take it?”

Sisters got wild and walked away from mediation.

Question : Where did the mediator go wrong?

Usefulness: This case study can be helpful while teaching the concept of “reactive devaluation” and “hiding the source’. It can also be used in neutral reframing of even the questions while communicating the offers from one side to the other. It can also be used to reinforce the basic principle “watch your words”. It can also be used to teach how parties lose trust in the mediator when the mediator being an advocate is unable to comprehend the legal proposition as to “who is the giver” and “who is the taker”.

Trainer’s role

Trainer should keep a dairy with case studies relating to different concepts. It should always be with the trainer as a ready reference.

Trainer should prepare a very short case study note, so that it does not take more than three minutes to communicate it to the trainees.

Without an underlying concept being there no case study is to be taken for discussion.

Depending on the availability of time, the participation from all the trainees can be encouraged and detailed discussions can be encouraged.

Challenge to the trainer

1. To prepare very short case studies with needful inputs.
2. To make the case study a bridge between theory and practice.
3. For every topic at least 3-4 case studies may have to be kept ready by the trainer.

Advantages

1. Trainees very easily learn the concepts supported by case studies.
2. Trainer can easily get connected to the trainees through case studies.
3. Difficult concepts can be made understandable through case studies.
4. How techniques can be made implementable can be demonstrated through case studies.

“Don’t decrease the goal. Increase the effort.”

Tom Coleman – Bodybuilder

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