$0.00 – $6.00
Kate Harvey and David Kovick, under the supervision of Lawrence Susskind and Jennifer Brown
5-person nonscorable mediation between an employee and his/her corporate employer regarding potentially conflicting values and interests around issues of homosexuality and religious faith
This is a five-person, non-scorable simulation focused on mediating values-based legal disputes; specifically, disputes involving potentially conflicting values and interests around issues of homosexuality and religious faith. Based on a real case, this simulation focuses on a dispute between an employee and his/her employer, a large, privately-held software company. It also explores the role of attorneys representing their clients in negotiated agreements around values-based disputes.
In this simulation, until recently Ellis was senior project manager at MacroB, a computer software company headquartered in California. The simulation begins after a dispute arose between Ellis and MacroB after the launch of a company-wide diversity campaign that featured a series of diversity posters, including one that read: “I am a gay man and I am MacroB.” The posters were placed in employee work areas, including one located on the exterior wall of Ellis’s cubicle. Ellis is devoutly religious in a faith tradition that holds that homosexuality is sinful and wrong, and Ellis was deeply disturbed by the poster.
In response, Ellis posted several Bible scripture verses on the inside wall of his/her cubicle that included quotations that condemned homosexuality and predicted dire outcomes for those who engaged in homosexual acts. When asked to remove them by management, Ellis refused. The issue was elevated to the company’s Diversity Manager, P. Geer. After several meetings with Geer, Ellis offered to remove the passages if MacroB removed its posters depicting homosexual employees. After several meetings and no agreement, Ellis was given a week off with pay to reconsider, and MacroB removed the Bible verses that Ellis posted.
Upon returning to work, Ellis reposted all of the Bible passages and refused to remove them. During multiple meetings, the conversation between Ellis and Geer deteriorated, and when it became clear that Ellis would not remove the passages, Ellis was fired for insubordination. At the urging of a mutual legal professional, Ellis and MacroB have reluctantly agreed to speak with a mediator. After hearing from both parties, the mediator, Cheney, believes that some consensual resolution might be possible. The simulation begins at the point where Ellis, Geer, and their attorneys have convened with the mediator, Cheney.
Participant materials include:
- General Instructions for all participants
Confidential Instructions for:
- V. Ellis, former MacroB Employee
- P. Geer, MacroB Diversity Manager
- S. Chapin, Attorney to V. Ellis
- S. Davis, Attorney to MacroB
- H. Cheney, Mediator, Mediation Services
Teacher's Package Includes:
- All of the above
- Jennifer Gerarda Brown, Peacemaking in the Culture War Between Gay Rights and Religious Liberty, 95 Iowa Law Review 747 (2010).
- Teaching Note
The key teaching objective is to demonstrate that assisted negotiation (i.e., mediation) can be used to resolve values-based disputes, not just interest-based disputes. With the assistance of a mediator, the parties and their attorneys can craft a settlement that does not require them to compromise their fundamental values. Key teaching points include the importance in values-based disputes of avoiding threats to individual identity, stressing the human element, focusing on ongoing relationships, focusing on overarching values, and focusing on individual interests as well as values.
If you wish to purchase all three simulations at a discount we have a bundle option available click here. You can also download a PDF version of "Teaching about the Mediation of Values-Based and Identity-Based Disputes".
Ellis v. MacroB Attributes
|Time required:||2-3 hours|
|Number of participants:||5|
|Neutral third party present:||Mediator|
|Teaching notes available:||Yes|