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ADR > Midterm > Flashcards

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
Q

What is green hat thinking

A

Creativity
Creative thinking generating multiple options during a brainstorming process

26
Q

What is blue hat thinking

A

Process
Thinking that focus on the process rather than content process Management

27
Q

What are the four major steps in principled negotiations in getting to yes

A

Separate people from the problem
Getting parties to focus on interest not positions
Invent options
Ensure the use of objective criteria

28
Q

What is frame of reference

A

A person is subjective reality shaped by their particular experience and culture and the basis for their perception of the world

29
Q

What is ethnocentrism

A

A mindset in which one holds one’s own culture is only valid one

30
Q

What is ethno relativism

A

A mind says in which one accepts that all cultures are valid

31
Q

What are the four approaches to conflict

A

Yielding
Ignoring
Contending
Problem solving

32
Q

What does active listening purpose

A

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
Q

What is the acronym for effective body language

A

S straight
O open
L leaning
E eye contact
R relax body posture

34
Q

What is collective cultures

A

Cultures that value the group over the individual and emphasizes the importance of harmonious relationships within the groups

35
Q

What is individualistic cultures

A

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
Q

What are the types of power in mediation process

A

Distributive
Integrative
Designated or given
Legitimate

37
Q

What is distributive power

A

Power aim that controlling and defeating other party

38
Q

What does integrative power

A

Power use with rather than against another party to the end of mutual gain

39
Q

What is designated or given power

A

Power that one party gives to another party or gives to the relationship itself rather than keeping it for itself

40
Q

What is legitimate power

A

Power that is based on one’s formal authority over another party in a social structure

41
Q

Stages of narrative or storytelling mediation

A

Building trust
Externalizing considerations
Mapping the effects
Deconstructing the dominant story lines
Developing shared meanings

42
Q

What is the principle of natural Justice in arbitration

A

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
Q

What are the phases of escalation in growth conflict triangle

A

Demonizing
Few to many
Injuring the other
Small to large
Light to heavy

44
Q

What is the demonization phase of escalation

A

A disputes use of stereotypes and falsifications to belittle accuse or attack the other side

45
Q

What is the few to many phase of escalation

A

The number of people involved in the dispute go from few to many

46
Q

What is the injuring the other a phase of escalation

A

A contending party becomes frustrated and stops merely trying to succeed in the matter at hand it starts trying to hurt the other

47
Q

What is the small to large phase of escalation

A

Contentious conflict May initially occur over small and limited issues

48
Q

What is the light to heavy phase in the escalation

A

Tactics that are designed to win the contest without entering the other party for example persuasion guilt trips or simple requests

49
Q

What are the four styles of mediation

A

Facilitative
Evaluative
Transformative
Narrative

50
Q

What is the facilitative style mediation

A

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
Q

What is evaluative mediation style

A

In approach to mediation by which the mediator offers the party’s advice and opinions about the appropriate settlement of conflict

52
Q

What is transformative style of mediation

A

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
Q

What is narrative mediation style

A

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
Q

What is a power based approach in mediation

A

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
Q

What are Frozen words

A

Absolute words such as always and never that are usually inaccurate and tend to provoke defensiveness in the other party

56
Q

What are the steps for preparing a community mediation

A

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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