Shirley Sherrod

A potential case for

mediation
NCR 525
Dominguez Hills

A Group project completed by

Agnes Padi
Catherine Marucci
Darlene Harden
Joanna Konogeris
Jonathan Hodge
&
Luca Dal Pubel
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Second level
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Shirley Sherrod gave her resignation
as Georgia State Director of Rural
Development for the USDA on July
19th, 2010.

U.S. Government officials asked

her to resign as result of being
framed as a racist by
conservative blogger Andrew
Breitbart.
 What Sherrod was trying to get across in her
speech at the NAACP event was that she
realized that the conflict among the farmers in
the 1980s was not about race. It was about the
divide that exists between “those who have and
those who have not”

Given the description of the situation,

including extended clips from the same
speech, it is evident that Ms. Sherrod has
been wrongfully accused of racism - which is
the exact opposite of what she was trying to
convey in her speech by sharing her
experience with her audience.
 Once all was said and done an
apology was given and Ms.
Sherrod’s was offered another job
with the USDA in its advocacy
division.
Sherrod turned down the position

"I would want to see that work

continue," Sherrod said of her
former role in Georgia. "I just don’t
think at this point, after all that
has happened, that I would be
able to take the job."
 The Parties
Shirley Sherrod: Former Georgia State Director of
Rural Development has a lengthy career in Georgia
working with the Department of Agriculture "to help
minority
Andrew J.farmers keep
Breitbart: is antheir land."
American webmaster
commentator for the Washington Times, author an
occasional guest commentator on various news programs
who has served as an editor for the Drudge Report.
Thomas James "Tom" Vilsack: is an American
politician, a member of the Democratic Party, and
presently the U.S. Secretary of Agriculture, and head of
the USDA.
Benjamin Todd Jealous: is the current president and
chief executive officer of the National Association for the
Advancement of Colored People(NAACP).

Obama Administration press Secretary Robert Lane

Gibbs
 The Option of Mediation
Mediation, especially transformative mediation , may be helpful in
mending relationships shattered by the unfortunate chain of incidents.
Such mending could allow Ms Sherrod to accept the new job offered to
her at the USDA without hurt and strong emotions preventing her from
doing so as may presently be the case.

If all parties involved are voluntarily willing to

enter mediation and accept the terms of such
including privacy and cooperation, then
mediation may proceed.
 Alternatives to Mediation
Avoidance
A party’s BATNA (Best Alternative to
Negotiated Agreement) may be stronger
that what they could attain through
mediation, and the best option may prove
to be not to exercise an option at all.
Litigation
Shirley Sherrod may have a strong
defamation case against the blogger, as well
as a case against the USDA for forcing her
resignation without sufficient investigation.
 The Mediation Plan
The first step is to understand who should participate in
the mediation, and participants should include those who have
the authority to make a decision and are committed to
negotiating in good faith.
•Considering privacy and confidentiality the mediators

should decide if the meetings are to be open or closed,

and how inquiries about media presence and provision
of information.
•Assuming that all involved parties agree to mediate,

the next step entails locating or identifying a

potential mediator.
•The mediators should select or persuade to select, a

neutral location where neither party has a strong

emotional identification or physical control of the
space.
•Analyze the issues and interests of the disputants

involved; issues such as respect, communication,

and resignation.
 Issues and Interests

Some of the issues of concern in the

Sherrod firing are the loss of a
prestigious, federally appointed
position, accusations of racial
discrimination, negative public opinion
and future employment.
  In discovering the interests of Mrs.
Sherrod, mediation could explore
beyond the obvious objectives of job
reinstatement or apology , and find
critical areas of exploration to better
define Sherrod’s underlying interests in
finding satisfying resolutions.

Interests may include value issues,

which have been damaged, and in Mrs.
 Conclusion

(unfinished section)
Thank you for viewing our presentation
and for a wonderful Fall 1 semester

Group Three