Mediator Traps Flashcards

1
Q

Mediator Potts walks into the room fifteen minutes late, does not know the name of the parties or nature of the mediation. Mediator trap?

A

Being inadequately prepared (p.194 Boulle & Kelly)

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2
Q

Mediator Killsell ignores that one of the parties at a family law matter mediation is visibly distraught. Soon, like rice cooking in a pot with the lid on tightly over high heat, the pent-up emotions of the party, forced to stifle their feelings explodes, driving a wedge between the parties

A

Ignoring emotions (p.195 Boulle & Kelly)

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3
Q

Catherine Court is an accident benefits specialist who is mediating a dispute between the insurer and insured.
Throughout the mediation, she is judgmental, gives legal advice on how to proceed, discloses her feelings through body languages such as facial twitches

A

Losing Impartiality (p. 194 Boulle & Kelly)

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4
Q

Marta Mouse is conducting a mediation between the insured and insurer. Both parties are represented by counsel. However, the lawyers overshadow the meek mediator, Martha Mouse, as they take on a principal, controlling, and guiding role throughout the mediation.

A

Losing Control of the Process (p. 193 -194 Boulle & Kelly)

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5
Q

Mediator Speedy Gonzales wants to focus on settling the wrongful death file. He bypasses the introduction of the parties. He ignores matters of emotional significance pertaining to the file.

A

Moving too quickly into solutions (p.195~195 Boulle & Kelly)

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6
Q

This author wrote, “If one man kills another, it murder, but if a hundred thousand men kill another hundred thousand, it is considered an act of glory!?”

A
  • Who is Tolstoy

* The book is Kingdom of God

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