Midterm Flashcards
What comprises of family mediation?
Paralegals can mediate in family mediation if they are not holding themselves off as paralegals. There must be specific training to work in the field of family mediation
What is open mediation
The mediator can go to court as well as write reports and have their records call for.
The benefit of open mediation is that it allows the mediator to inform the court of the impression of the parties formed during the mediation process as well as offer any insights or opinions as to a solution
The downside of open mediation is that some parties may be reluctant to discuss the feelings or views on matters knowing that their views and opinions may be used against them in court
What is closed mediation
The mediator is only allowed to report on any agreements the parties may have achieved in the mediation process in the form of a memorandum of understanding.
The mediator is restricted from being involved otherwise in a court process
What does the Canadian bar association say about arbitration in particular to conflict of interest and consent
If a conflict of interest arise meteors have to disclose the parties in dispute any conflict of interest, mediator May withdrawal as a mediator unless the party’s consent to retain the mediator, mediator or there’s associates should not establish a professional relationship with any of the parties in the matter
What is a minute of settlement
A written document containing the final terms the parties have agreed upon in selling their dispute
What is competitive and negotiation approach or positional bargaining
Bargaining aimed at getting as much as possible for the negotiating party with no concern for the other side’s needs. Win lose undertaking
What are the four points you have to prepare before you negotiate
Opening bid
Target bid
Your resistance point batna
Your bargaining range
What is an opening bid
The initial offer in a negotiation.
What is a target point
The most desirable outcome for a negotiating party
What is the resistance point
The lowest point of acceptability in a party’s present bargaining range
What is the bargaining range
The range of solutions acceptable to a negotiating party from the most least acceptable
For monetary is your opening bid minus your resistance point
What is a pendulum swing
The change of mind that occurs when a person abandons one closed in certain system for another
The problem about this type of change is that a completely abandons old experiences and fails to be discriminating about the new
What are the five kinds of conflict
Relationship
Data
Interest
Structural
Value
What is relationship conflicts
Conflicts caused by stereotyping in misperception often involving strong emotion
What is data conflicts
Conflict that occurs over information for example discriments over what information is relevant or how it should be interpreted
Like people disputing over the value of a property
What is interest conflicts
Conflicts arising from competition over substantive procedural or psychological interest
For example a woman who is angry at being denied fair treatment in a male dominated workplace
What is structural conflict
Conflicts that arise from inequities or constraints in a social structure and that often take form of destructive behavior or interaction
For example where employees with greater education are preferred to those with greater experience
What are value conflicts
Conflicts that rise when people have different criteria for valuing ideas or behaviors or have goals based on mutually exclusive value systems
What are the six thinking hats in mediation
White hat information
Red hat emotion
Black hat critiquing
Yellow hat optimism
Green hat creativity
Blue hat process
What is white hat thinking
Information
Traditional logical thinking based on info that is known and discoverable
Not really creative
What is Red hat thinking
Emotion
Looking at problems using intuition and basic gut feelings paying attention to emotional reactions rather than reason and logic
What is Red hat thinking
Emotion
Looking at problems using intuition and basic gutter feelings pay attention to emotional reactions rather than reason and logic
What is black hat thinking
Critiquing
Critical thinking that looks up flaws in or problems in a particular course of action
What is yellow hat thinking
Optimism
Positive thinking works well in tandem with black hat when parties are trying to decide which options will become part of the final agreement
What is green hat thinking
Creativity
Creative thinking generating multiple options during a brainstorming process
What is blue hat thinking
Process
Thinking that focus on the process rather than content process Management
What are the four major steps in principled negotiations in getting to yes
Separate people from the problem
Getting parties to focus on interest not positions
Invent options
Ensure the use of objective criteria
What is frame of reference
A person is subjective reality shaped by their particular experience and culture and the basis for their perception of the world
What is ethnocentrism
A mindset in which one holds one’s own culture is only valid one
What is ethno relativism
A mind says in which one accepts that all cultures are valid
What are the four approaches to conflict
Yielding
Ignoring
Contending
Problem solving
What does active listening purpose
A way of listening that involves getting the other parties are full attention showing them in every way that we are trying to understand
What is the acronym for effective body language
S straight
O open
L leaning
E eye contact
R relax body posture
What is collective cultures
Cultures that value the group over the individual and emphasizes the importance of harmonious relationships within the groups
What is individualistic cultures
Cultures that valued individual over the group and tend to price such qualities as Independence creativity freedom or thought and expression and authority and decision making
What are the types of power in mediation process
Distributive
Integrative
Designated or given
Legitimate
What is distributive power
Power aim that controlling and defeating other party
What does integrative power
Power use with rather than against another party to the end of mutual gain
What is designated or given power
Power that one party gives to another party or gives to the relationship itself rather than keeping it for itself
What is legitimate power
Power that is based on one’s formal authority over another party in a social structure
Stages of narrative or storytelling mediation
Building trust
Externalizing considerations
Mapping the effects
Deconstructing the dominant story lines
Developing shared meanings
What is the principle of natural Justice in arbitration
Every matter may be significant to the dispute settlement has the right to be adequately heard by all parties. The arbitrator must treat all parties fairly and provide them with an equal chance to present and reply to their arguments
What are the phases of escalation in growth conflict triangle
Demonizing
Few to many
Injuring the other
Small to large
Light to heavy
What is the demonization phase of escalation
A disputes use of stereotypes and falsifications to belittle accuse or attack the other side
What is the few to many phase of escalation
The number of people involved in the dispute go from few to many
What is the injuring the other a phase of escalation
A contending party becomes frustrated and stops merely trying to succeed in the matter at hand it starts trying to hurt the other
What is the small to large phase of escalation
Contentious conflict May initially occur over small and limited issues
What is the light to heavy phase in the escalation
Tactics that are designed to win the contest without entering the other party for example persuasion guilt trips or simple requests
What are the four styles of mediation
Facilitative
Evaluative
Transformative
Narrative
What is the facilitative style mediation
In approach to mediation that aims to help disputing parties communicate and problem solve themselves on the grounds that they are better equipped than the mediator
What is evaluative mediation style
In approach to mediation by which the mediator offers the party’s advice and opinions about the appropriate settlement of conflict
What is transformative style of mediation
In approach to mediation that aims to transform the disputants by teaching them to recognize one in another’s interest and by helping them become better communicators and problem solvers
What is narrative mediation style
A kind of mediation that aims to resolve conflict by uncovering and breaking down the disputant stories so they can be reconstructed into a larger narrative the integrates both parties and trust
What is a power based approach in mediation
In approach to conflict resolution where people in positions of authority use their power to resolve a disputes such as officers religious leaders board of directors
What are Frozen words
Absolute words such as always and never that are usually inaccurate and tend to provoke defensiveness in the other party
What are the steps for preparing a community mediation
Community expectations
Assessing the community’s goals
Assessing the type of conflict involved
Assessing the stakeholders
Determining methods and stages
