Conflict Resolution and Mediation Theory Flashcards
What is mediation?
Mediation is a way for people to resolve disputes with the help of an impartial third party facilitator - a mediator. It is a private, confidential process.
What does a mediator do?
Mediators help the parties decide the terms of any agreement that is reached and are trained in communication, problem solving, and facilitation.
What are the different models of mediation?
Different models of mediation include evaluative, transformative, interest-based, and narrative mediations. In B.C., most mediators use an interest-based model.
What is interest-based mediation?
Interest-based mediation explores the disputing couple’s positions to uncover their underlying interests and identify options that meet their interests.
What forms can mediation take?
Mediation can occur in person, at a distance using tele-conferencing or video-conferencing, or through separate meetings known as shuttle mediation.
When is mediation not appropriate?
Mediation may not be appropriate in cases involving family violence or when one party is not ready to participate due to emotional distress.
What qualifications must a family law mediator have?
A family law mediator must be a member in good standing of the Law Society of British Columbia or meet specific training and practice requirements.
What is the duty to disclose in family dispute resolution?
The FLA encourages full and truthful disclosure early in the resolution process to promote settlement and ensure fair decision-making.
What must family dispute resolution professionals inform parties about?
They must inform parties of the processes, services, and facilities available to them to ensure informed decisions about resolving disputes.
What is the priority when determining parenting arrangements?
The best interests of the child must be the ONLY consideration upon which agreements or orders are reached.
What is the role of parenting coordinators?
Parenting coordinators assist parents in implementing parenting arrangements and resolving issues that arise when parenting from separate homes.
What authority do parenting coordinators have?
Parenting coordinators can make decisions that have authority similar to a court order, provided they are documented.
What must a parenting coordinator consider when making determinations?
A parenting coordinator must consider the best interests of the child when making determinations regarding parenting arrangements.
What is essential to screen for before mediation?
It is essential to screen for family violence to determine if it will adversely affect someone’s ability to participate in dispute resolution.
What are some basic screening questions for violence?
Basic screening questions include concerns for safety, past incidents of feeling threatened, and immediate risk of violence.
What is the importance of safety concerns in mediation?
Identifying safety concerns at the beginning is crucial, as incidents of abuse often precipitate leaving a relationship.
What must a parenting coordinator do after making an oral determination?
A parenting coordinator must put the determination into writing and sign it as soon as practicable after the oral determination is made.
What is the effect of a determination made by a parenting coordinator?
A determination is binding on the parties, effective on the date made or a later specified date, and if filed in court, is enforceable as if it were a court order.
Under what conditions can a court change or set aside a determination made by a parenting coordinator?
The court may change or set aside a determination if the parenting coordinator acted outside their authority or made an error of law or mixed law and fact.
What can a court do if it sets aside a determination?
The court may make any order to resolve a dispute related to the subject matter of the determination.
What are the requirements for lawyers practicing family law in BC?
All lawyers in BC must be members of the Law Society of British Columbia and abide by rules set out under the FLA and FLA Regulations for dispute resolution specialists.
What is a key requirement for private family law mediators?
Private family law mediators must have a background in family law, psychology, counselling, or social work and have taken additional training.
What is the role of an arbitrator in a dispute?
An arbitrator acts like a judge, imposing a binding solution after hearing evidence from both parties.
What are the three major types of arbitration in BC?
The three major types are Regular arbitration, Faith-based arbitration, and Parenting coordination.
What are some advantages of choosing arbitration for dispute resolution?
Advantages include avoiding delays, reducing costs, preserving privacy, avoiding adversarial proceedings, and finalizing resolution with a binding decision.
What is parenting coordination?
Parenting coordination is a process where parents work with a neutral decision-maker to resolve day-to-day parenting conflicts.
What is a key requirement before engaging in parenting coordination?
A legal parenting arrangement must first be worked out.
What are some advantages of consensual dispute resolution?
Advantages include addressing emotions constructively, maintaining decision-making ability for parents, reducing legal costs, and shifting focus from winning to problem-solving.
What are the two major types of dispute resolution processes?
Adjudicative processes (e.g., litigation or arbitration) and consensual processes (e.g., mediation and negotiation).
What is the most commonly used mediation model in BC?
Most mediators in BC use an interest-based model.
What does transformative mediation focus on?
Transformative mediation encourages parties to deal with underlying causes of their problems to repair their relationship.
What is the goal of evaluative mediation?
Evaluative mediation encourages parties to reach a settlement based on their rights and entitlements within the anticipated range of court remedies.
What is the difference between collaborative and traditional negotiation styles?
Collaborative negotiation focuses on working together and satisfying both parties, while traditional negotiation is more adversarial and seeks personal gain.
What are indicators of conflict escalation?
Indicators include aggressive stance, rapid breathing, tense muscles, and changes in voice tone.
What is a key factor to consider before proceeding with mediation?
Family violence is a key factor, and a screening protocol is essential.
What should mediators do to assess readiness for mediation?
Mediators should meet separately with each party to screen for family violence and assess their readiness.
What are some processes and skills used in mediation to deal with emotion?
Processes include reframing, balancing power, refocusing, and summarizing.
What is Joint-Framing?
A technique used in mediation to assist parties in surfacing and framing the topics to be discussed.
What is the role of empathy in mediation?
Support participants in expressing emotion, create a safe place, and focus on the parties’ needs rather than the mediator’s.
How can mediators acknowledge and support participants?
Probe for interests and normalize the difficulty of the situation.
What is the purpose of asking questions about participants’ behaviors?
To help them describe their behaviors and understand the effects of their actions.
What should mediators do to address power imbalances?
Talk to parties about their perception of power, check their awareness of options, and ensure they understand necessary information.
What are techniques for overcoming impasses in mediation?
Take a break, ask parties to explain their perspectives, and suggest a trial period.
What indicators of danger should mediators be aware of?
Threats of harm, history of violence, availability of weapons, and substance abuse.
What is shuttle mediation?
A technique where mediators hold separate meetings with parties to work through issues.
What are the confidentiality requirements for Family Justice Counsellors (FJCs)?
FJCs must not disclose information obtained during mediation except as permitted by law.
What are essential components of an Agreement to Mediate?
Confidentiality, voluntary participation, court involvement, disclosure of information, and fees.
How should mediators conclude the mediation?
Ensure mutual understanding of agreements, reality test, and discuss alternatives if no agreement is reached.
When might the assistance of other professionals be helpful in mediation?
When legal advice, counseling, or parenting coordination is needed.
What resources can be referred to in addition to the mediation process?
Professional, academic, community, and educational resources.
