Mediation

Question 1

What is mediation?

Answer 1

Mediation is an alternative dispute process, mediation is more of an art than science, mediation is fluid, it is in DNA

Question 2

Mediator steps

Answer 2

1. introduction Stage
2. opening statement
3. identity issues
4. brainstorming
5. contract building

Question 3

why is mediator credentials important

Answer 3

it is important because the opening statement educates the parties to the mediation process, it builds trust and establishing their background.

Question 4

4 models of mediation

Answer 4

1. narrative- it tells a story, and problem solving
2. transformative- mediator assists parties to transform their relationships for resolving disputes

Question 5

evaluation

Answer 5

guides and advises parties on their expertise with view of reading a settlement withthin legal rights

Question 6

faclitative

Answer 6

focusing on needs, concerns, process along strict lines in order to
define the problem. helping create solutions

Question 7

good faith bargaining

Answer 7

whatever is brought to the table must be honest and truthful

Question 8

degree of a mediator skill is somewhat dependent on the dna ?

Answer 8

1 capacity
2. some people are naturally better at mediating

Question 9

Cite 4 forums that employ ADR process

Answer 9

1. labor disputes
2. civil cases
3. family matters
4. community disputes

Question 10

why is mediation more of an art than a science ?

Answer 10

mediation had to be fluid it is an alternative resolution dispute process it is in dnd requires skill unlike science it usually always predictable

Question 11

why is it important to mediate sooner than later ?

Answer 11

helps needs quicker
avoid more problems
facts and stories will be fresher in parties mind

Question 12

interviewing techniques

Answer 12

1. note taking
2. closed questions
   3 observe the usual amenities
   4 do interview in private office

Question 13

active listener

Answer 13

seeks info of value
judges content
pays attention
able to concentrate

Question 14

inactive listener

Answer 14

fakes attention
has low tolerance
complains about speaker and knowledge
finds it dry and boring

Question 15

2 reasons telephonic communications may be revealing

Answer 15

1. deduce attitude
2. get a sense of openness

Question 16

4 cultural distinctions to one needs

Answer 16

1. verbal/tone
2. non verbal
3. attitudes towards physical space
   4 approaches to time

Question 17

4 steps of convening process

Answer 17

1. conflict assessment
2. stakeholders ID
3. obtain resources
4. process design

Question 18

venting ?

Answer 18

releasing up bunch of emotions it is encouraged when a parent has issues important to context .

Question 19

trust building ?

Answer 19

trust building is a risk assessment mediators gain impartiality trust with credentials and
it allows people to be more honest and truthful.

Question 20

CRIP

Answer 20

Content, relationship, identity, process

Question 21

5 characteristics of constructive mediation

Answer 21

1. safe environment
2. collaborative
3. face management
4. process management
5. power management

Question 22

reframing

Answer 22

summarizing the issues without sacrificing its substance

Question 23

visuals is a valuable
tool why?

Answer 23

visuals provide a public checklist, a point of common focus and a point of reference

Question 24

general order of which party speaks first ?

Answer 24

person who filed the claim goes first . mediator decided who should get the first opening statement