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Midterm Flashcards

1
Q

What comprises of family mediation?

A

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

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2
Q

What is open mediation

A

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

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3
Q

What is closed mediation

A

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

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4
Q

What does the Canadian bar association say about arbitration in particular to conflict of interest and consent

A

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

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5
Q

What is a minute of settlement

A

A written document containing the final terms the parties have agreed upon in selling their dispute

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6
Q

What is competitive and negotiation approach or positional bargaining

A

Bargaining aimed at getting as much as possible for the negotiating party with no concern for the other side’s needs. Win lose undertaking

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7
Q

What are the four points you have to prepare before you negotiate

A

Opening bid
Target bid
Your resistance point batna
Your bargaining range

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8
Q

What is an opening bid

A

The initial offer in a negotiation.

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9
Q

What is a target point

A

The most desirable outcome for a negotiating party

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10
Q

What is the resistance point

A

The lowest point of acceptability in a party’s present bargaining range

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11
Q

What is the bargaining range

A

The range of solutions acceptable to a negotiating party from the most least acceptable

For monetary is your opening bid minus your resistance point

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12
Q

What is a pendulum swing

A

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

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13
Q

What are the five kinds of conflict

A

Relationship
Data
Interest
Structural
Value

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14
Q

What is relationship conflicts

A

Conflicts caused by stereotyping in misperception often involving strong emotion

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15
Q

What is data conflicts

A

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

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16
Q

What is interest conflicts

A

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

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17
Q

What is structural conflict

A

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

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18
Q

What are value conflicts

A

Conflicts that rise when people have different criteria for valuing ideas or behaviors or have goals based on mutually exclusive value systems

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19
Q

What are the six thinking hats in mediation

A

White hat information
Red hat emotion
Black hat critiquing
Yellow hat optimism
Green hat creativity
Blue hat process

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20
Q

What is white hat thinking

A

Information
Traditional logical thinking based on info that is known and discoverable
Not really creative

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21
Q

What is Red hat thinking

A

Emotion
Looking at problems using intuition and basic gut feelings paying attention to emotional reactions rather than reason and logic

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22
Q

What is Red hat thinking

A

Emotion
Looking at problems using intuition and basic gutter feelings pay attention to emotional reactions rather than reason and logic

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23
Q

What is black hat thinking

A

Critiquing
Critical thinking that looks up flaws in or problems in a particular course of action

24
Q

What is yellow hat thinking

A

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

25
What is green hat thinking
Creativity Creative thinking generating multiple options during a brainstorming process
26
What is blue hat thinking
Process Thinking that focus on the process rather than content process Management
27
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
28
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
29
What is ethnocentrism
A mindset in which one holds one's own culture is only valid one
30
What is ethno relativism
A mind says in which one accepts that all cultures are valid
31
What are the four approaches to conflict
Yielding Ignoring Contending Problem solving
32
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
33
What is the acronym for effective body language
S straight O open L leaning E eye contact R relax body posture
34
What is collective cultures
Cultures that value the group over the individual and emphasizes the importance of harmonious relationships within the groups
35
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
36
What are the types of power in mediation process
Distributive Integrative Designated or given Legitimate
37
What is distributive power
Power aim that controlling and defeating other party
38
What does integrative power
Power use with rather than against another party to the end of mutual gain
39
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
40
What is legitimate power
Power that is based on one's formal authority over another party in a social structure
41
Stages of narrative or storytelling mediation
Building trust Externalizing considerations Mapping the effects Deconstructing the dominant story lines Developing shared meanings
42
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
43
What are the phases of escalation in growth conflict triangle
Demonizing Few to many Injuring the other Small to large Light to heavy
44
What is the demonization phase of escalation
A disputes use of stereotypes and falsifications to belittle accuse or attack the other side
45
What is the few to many phase of escalation
The number of people involved in the dispute go from few to many
46
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
47
What is the small to large phase of escalation
Contentious conflict May initially occur over small and limited issues
48
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
49
What are the four styles of mediation
Facilitative Evaluative Transformative Narrative
50
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
51
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
52
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
53
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
54
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
55
What are Frozen words
Absolute words such as always and never that are usually inaccurate and tend to provoke defensiveness in the other party
56
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

ADR (1 decks)

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