Mediation Flashcards
Mediation
when a neutral third party assists the parties in communicating and negotiating in order to achieve a voluntary, mutually acceptable agreement
Riskins grid
(horizontal) narrow/broad: how the problems are being described or defined, narrow: the more specific legal issue is being handled, broad: the political issue or the community issue, this is the mediator’s ability to add all problems into one. Ex a community project mediator would take a broad look at the problem
(vertical) Facilitative/Evaluative: Facilitative is more likely to ask questions and facilitate the discussion and have the parties think through things themselves. Evaluative is the mediator is taking a center stage and the parties are coming to the mediator for advice
Prof needs to know that there are mediators that will start in the broad vector and the parties identify what they care about then the mediators will move to a more narrow side of the spectrum.
Where is it not wise for a mediator to begin on Riskins grid?
the narrow part of the vector
loop of understanding
takes reflective listening one more step, after you have listened to ask if you understood correctly.
Basic Stages of Mediation
orientation-agreeing to mediate
Understanding the problem: law, facts, interest
generating and assessing options
reaching agreement
closing the mediation
Levels of mediation
litigation issues, business, personal/professional relational issues, and community interests
litigation issues
In very narrow mediations, the primary goal is to settle the matter in dispute through an agreement that approximates the result that would be produced by the likely alternative process without the delay or expense of using that alternative process.
business interests
Mediation would attend to any number of issues that a court could not reach. The object would satisfy business interests.
community interests
Considering an even broader range of interests, including those of communities or entities that are not parties to the immediate dispute
another name for mediator
assisted negotiation
models of mediation
classic, analytic, understanding-focused, transformative and therapeutic
transformative models
the mediator is trained to ensure that each party hears each other
negotiation and mediation
can focus on positions, interests, or both
confidentiality
statute is relevant to the confidentiality and section (f) of the statute about threats: if you have a duty to report abuse of neglect then the earlier provisions are not going to apply.
