Test 2 Flashcards
What is a mediator
a neutral 3rd party who assists the disputing parties to reach their own agreement
what is a mediation
a facilitated negotiation (also a convo about making decisions)
What are some advantages of mediation compared to adjudication
- faster and cheaper
- flexible and informal
- greater participant satisfaction
what are some disadvantages of mediation compared to adjudicaiton
-cannot guarantee a settlement
- enforceability concerns
- does not create legal precedent
what is a caucus
individual meetings between the mediator and parties
what is a memorandum of agreement
a document written by the mediator that shows an agreement worked out in mediation
what does a mediation consist of
substance and process
what is the conciliation component of a mediation
the psychological part of the dispute where the mediator tries to create trust and cooperation for effective negotiation
what do rights based mediation focus on
- focus on the legal entitlements
- results is a non-binding opinion about merits of the case
- uses caucus most times
- EVALUATIVE STYLE
what does interest based mediation focus on
- reconciling underlying interests
- mediator does not offer any opinion on merits of the case
- uses caucuses sparingly
- FACILITATIVE AND TRANSFORMATIVE
what is evaluative mediation
the mediator helps the parties resolve by making a neutral evaluation of the merits of the case
what is the goal of evaluative mediation
settlement (subject area expertise)
when is evaluative mediation needed
- a quick resolution is needed
- parties are an impasses
- when relationship does not necessarily matter
what is facilitative mediation
the negotiator focuses on facilitating effective negotiation with the parties reaching the agreement themselves
what is the main goal of facilitative mediation
to meet each partis legitimate interests through problem solving (process expert)
when should you use facilitative mediation
- when an on-going relationship is happening
-when parties need help communicating effectively
What was Riskin’s grid
sets up interaction between evaluative and facilitative mediation along with asking narrow or broad questions (moving around the US)
what is transformative mediation
the mediator focuses on healing the relationship rather than settling the dispute
what is the main goal of transformative mediation
empowerment and recognition of each parties perspective
when is transformative mediation needed
when parties need to establish and improve their relationship
what are the stages of the mediation process
1.convening
2. opening statement
3. negotiation
4. framing issues
5. alternatives
6. agreement
what is convening
getting parties to the table separately
during the opening statement what does the mediator need to do
“plant seeds of resolution and trust” AND “create safety and hope”
what is plan A in confidentiality
everything can be shared unless parties say not to (BETTER FOR MEDIATOR PROTECTION)
what is plan b in confidentiality
the mediator wont share anything unless party says its ok (BETTER FOR PARTIES)
what does more trust =
more communication
what is exaggerated feedback
“this is probably the worst thing that has ever happened to you”
- creates opportunity to earn trust
- can have a negative effect
what is symmetry
what you do with one side you do with the other
what is role modeling
showing what is acceptable behavior by modeling it instead of telling parties not to do something
what is normalizing communication
used to create confidence in parties “its not uncommon to feel this way”
what is a reality check
used to bring parties back to reality (asking for too much)
what is “letting impasse occur”
letting parties create their own impasse to make them look at the mediator to solve it
what does “framing” do
puts the issues into a resolvable question for the parties based on their common interests
what is reactive devaluation in decision making errors
immediately discounting the other party’s idea because it comes from the other party
what is the mediation theory
the role of the mediator is to analyze and assess critical situations to counteract conflict
what are the 2 categories of mediation intervention
- non-contingent moves
- contingent moves
what are non-contingent moves in mediation
interventions a mediator initiates in ALL disputes
what are contingent moves in mediation
interventions made in response to unique problems in different disputes
what are 5 causes of conflict
- data (different interpretation of data)
- interest (incompatibility of core interests)
- structural (outside variables neither party can control)
- value (incompatible personal beliefs)
- relationship (distrust)
what is grievance mediation
mediation used to resolve union grievances in an organized labor setting
why is grievance mediation underused
- solved to early in the process
- since the relationship is adversarial they are more comfortable with arbitration
what is neutrality
when nothing in the mediator’s BACKGROUND will cause bias
what is impartiality
nothing said DURING THE MEDIATION will induce bias towards either party
what is power in medation
the ability to influence the outcome of the negotiation
what is coercive power
threaten to harm (most damaging to relationships)
what is expert power in mediation
availability of knowledge
what is distributive justice in mediation
concerns with the substantive outcome (is it fair or equal)
what is procedural justice in mediation
refers to the fairness of the PROCESS used to reach the outcome
