Adr

Question 1

What is Arbitration?

Answer 1

Is a forum where the parties to a dispute present their case to an impartial arbitrator or panel of arbitrators who render a decision called an award.This maybe binding or non binding

Question 2

What is mediation ?

Answer 2

Mediation is a form of negotiation that is assisted by an impartial third party called a mediator .The mediator helps the parties communicate and to find a solution to their disputes but has no authority to impose a settlement

Question 3

4 Types of negotiating techniques are ..?

Answer 3

D I C C

Distributive
Interest based
Competitive
Cooperative

Question 4

Distributive negotiating is…?

Answer 4

This assumes that the parties to a disputed have a fixed amount of resources they must decide between them
Focuses on what the party is willing to give to settle
The goal is to gain as much concessions from the other party

Question 5

Interest based negotiating is…?

Answer 5

It is a collaborative effort and assumed that underneath the issues on the table are the interests that need to be satisfied .Parties may be able to work together to achieve a common goal

Question 6

Competitive negotiating is …?

Answer 6

Is views as a battle to be one .Competitive negotiator uses intimidation to raise the level of tension in order to gain concession

Question 7

Cooperative negotiating …?

Answer 7

This created several alternative solutions ‘tis dispute.Negotiator makes reasonable demand and responds positively to a well reasoned argument made from the other side
Cooperative tends to be interest based

Question 8

Steps to prepare for mediation

Answer 8

P.P.I.C.C

1. Preparation phase
2. Preliminary phase
3. Information phase
4. Competitive/Distributive phase
5. Closing phase
6. Cooperative/Integrative phase

Question 9

Phases of mediation

Answer 9

Opening session
Private caucus
Closure

Question 10

What is an impasse?

Answer 10

Occurs when a party deepest interest are at stake and he wants to slow down or halt the negotiation process until these are met

Question 11

B.A.T.N.A

Answer 11

Best alternative to a negotiated agreement

Question 12

What is dovetailing ?

Answer 12

Dovetailing is when the cost to one party is low and benefit to the other is high

Question 13

Types of conflict styles ?

Answer 13

Cooperative 
Collaborative 
Competing 
Avoiding 
Accommodating

Question 14

Types of mediation

Answer 14

F.E.N.T

Facilitative
Evaluative
Narrative
Transformative

Question 15

What are some advantages of negotiation

Answer 15

Parties make their own rule
Costs are not severely decreased
Parties are not required to reach an agreement
Parties control the process and the outcome

Question 16

Disadvantages of mediation are

Answer 16

Either party can withdraw at any time
Can be a problem if parties withhold information
If one party is passive they may be bulldozed by the other part
If mediation fails parties may have wasted money on the process

Question 17

Advantages of mediation

Answer 17

Doesn't require lawyers
Mediation is an extremely quick process 
The agreement made is legally binding 
Anything may be mediated 
The mediator is an outside party 
Less costly than litigation 
Voluntary process

Question 18

Advantages of arbitration

Answer 18

Speedy resolution
Less costly
Exclusionary rules of evidence
Not a public hearing

Confidentiality is required

Question 19

Disadvantages of arbitration

Answer 19

No right to appeal
Any evidence may be admitted
May not be fast /inexpensive
No jury

Question 20

Adr in the future

Answer 20

The field will become widely recognized as a independent profession
Family community business and other uses will recognize and respect the profession
Users will choose adr techniques including mediation to make deals

Greater respect for mediators
Better negotiating
Litigation will lead directly to adr

Question 21

Name of ADR RESOLUTION PRACTICE IN JAMAICA

Answer 21

Dispute resolution fund

July 1994