Term
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Definition
| Discussion between parties, managed by a third-party mediator. Parties decide outcome by agreement. |
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Term
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Definition
| Adjudicated by third-party. Outcome is decided by arbitrator(s). |
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Term
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Definition
| Parties discuss unassisted. Parties decide outcome by agreement. |
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Term
| Conditions in which mediation is most effective (9) |
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Definition
-Parties have, or may have, an ongoing relationship.
-Parties' desire for settlement is high
-Hostility and anger is moderate or low. They have a history of cooperation and successful problem-solving.
-Some external pressure to settle (time, diminishing benefits, etc.)
-Parties have equal leverage/ability to reward or harm each other
-Issues in dispute are not overwhelming in number, and parties have been able to agree on some issues
-Parties accept the intervention and assistance of a third party
-There are adequate resources to effect a compromise.
-Number of parties is limited and the dispute has not spread to tangential persons or groups. |
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Term
| Success of a mediation should be judged by.... |
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Definition
| how well the parties in dispute are able to understand each other's perspectives and the entire problem they are facing and how well they have ATTEMPTED to find solutions. |
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Term
| Describe the Evaluative model of mediation |
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Definition
Focus: Solving the problem, or getting a settlement on the issues in dispute.
Uses: For participants who want or need direction and expertise form the mediator. Common with: Labor-management, and attorney-mediators.
Techniques: More directive. Steer toward outcomes. Help parties understand their strengths/weaknesses. Often proposes resolutions. Caucusing is used heavily. |
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Term
| Describe the Facilitative model of mediation |
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Definition
Focus: Solving a problem or getting a settlement on the issues in dispute.
Uses: For participants needing assistance in gaining clarity and building communication to solve a problem.
Techniques: Work to generate a settlement that meets needs of all sides. Clarify and enhance communication between parties. Sometimes conduct caucuses. "Reality Testing" |
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Term
| Describe the Transformative model of mediation |
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Definition
Focus: Improving the relationships of the participants
Uses: For participants whose ongoing relationship high priority.
Techniques: Foster empowerment and recognition. Agreements and settlements are viewed as secondary to the relationship. Mediator attempts to evoke recognition and empathy for the situation of the other party. |
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Term
| Elements which give mediator power and influence (10) |
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Definition
-Derived from parties
-Impartiality
-Management of the process
-Active listening
-Framing/reframing
-Choosing physical setting
-Managing doubt by being a reality tester
-Managing timing
-Assisting weaker parties to organize their means of influence
-Translating values into interests |
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Term
| Nine Phases of the Mediation Conference, In Order |
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Definition
1) Preparation
2) Mediator's opening Statement
3) Parties' uninterrupted opening statements
4) Parties exchange of information and views
5) Set an agenda
6) Generate solutions
7) Build an agreement and implementation plan
8) Create written agreement
9) Close the session |
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Term
| Difference between neutrality and impartiality |
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Definition
Impartiality: Mediator does not favor one disputant over others
Neutrality: Refers to the RELATIONSHIP between mediator and participants, which could influence the outcome.
Impartiality is most important. |
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Term
| Things a mediator should do before a mediation session (6) |
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Definition
- Introduce yourself to the parties/explain role
- Build rapport and credibility
- Explain mediation process
- Get commitment from parties to try mediation
- Set up the mediation conference logistics
- Assess whether mediation is appropriate |
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Term
| Nine topics to cover in mediator's opening statement |
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Definition
1) Welcome/Introductions
2) What is a mediator?
3) Purpose of mediation
4) Mediator's role
5) Parties' Role
6) What Will Happen
7) Confidentiality
8) Behavioral Rules
9) Commitment to Begin |
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Term
| What parties should do/not do during parties' opening statements |
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Definition
Should do: Listen carefully, take notes
Should not do: Interrupt, namecall |
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Term
| What mediator should do/not do during parties' opening statements |
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Definition
Should: Listen, take notes. Reframe negative language into neutral language. Allow venting of feelings. Be impartial.
Should not: Interrupt excessively, react emotionally to statements. |
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Term
| What is involved in the response and exchange phase? |
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Definition
Allow parties to respond and ask questions of one another. Parties may disagree and express more feelings and perceptions. Look for hidden interests or issues not yet expressed.
Goal: Develop full understanding of issues and interests, find out issues that have not yet been identified. |
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Term
| Characteristics of good communication: (5) |
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Definition
-Goal of communication is UNDERSTANDING. (Does not imply agreement)
-It is not the words that are important, but the INTENTIONS
-Cooperative activity. Participants must collaborate to create meaning.
-Communication is a neutral instrument
-Communication can do little to change the state of affairs of a conflict based on irreconcilable goals. |
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Term
| Three verbal skills of listening (and describe them) |
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Definition
1) Acknowledging feelings (They must know you are aware of their feelings and concerns before they can focus on what matters. Try to empathize. Does not mean agreeing)
2) Questioning (To gain information, learn, clarify. Not to advocate or expose flaws)
3) Summarizing (Express views of the other person, in your own words. Benefits: Check your understanding, show you have heard) |
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Term
| What is an open-ended question, and what is the most powerful type of open-ended questions? |
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Definition
Questions that prompt discussion, and can't be answered by a simple "yes" or "no"
Most powerful: What if... questions. |
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Term
| Know how to reframe a sentence, you will be given a sentence to reframe. |
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Definition
| Reframing: Redefining or rewording statements into a new context to help parties take a different point of view. Defuse negative terms. |
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Term
| What mediator should do when setting an agenda: (7) |
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Definition
- Transition statement
- Verbalize the issues. Speak in terms of interests.
- Frame issues so multiple solutions are possible.
- Determine how the mediation will proceed (Easy to difficult)
- List issues in a neutral, accurate and complete way
- Collaborate on the agenda
- Remember issues can be interests |
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Term
| Primary strategies for generating settlement options when problem solving. (Be able to name six) |
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Definition
- Interest-based bargaining
- Order of Issues
- Agreement on general principles
- Fractioning problems
- Brainstorming (non-critical)
- Negotiating models
- Outside expertise
- Expanding the pie
- Package proposals
- Shelving differences
- Multiple sessions |
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Term
| Elements of principled negotiation (4) |
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Definition
-Separate people from the problem
-Focus on interests, not positions
-Invent options for mutual gain
-Use objective criteria |
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Term
| What mediator should do to help parties assess settlement options (5) |
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Definition
- Reality testing
- Comparing options
- Evaluating and modifying options
- Assessing long term impacts and precedents
- Benefits and costs of settling or not settling. BATNA, WATNA, MLATNA |
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Term
| Reasons for caucusing. Be able to name at least eight |
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Definition
- Strong emotions need containment
- Strong emotions are repressed and need expression
- Misperceptions are blocking negotiation
- Appears information is being withheld
- Negotiation procedure is too slow
- Threats are being made
- Substantive proposals are being rejected as soon as they're proposed
-Party is unable to respond because of inexperience in negotiations
-Parties are bluffing, stalling, and not bargaining in good faith
-Parties appear pressured
-Parties do not know how to generate options
-Delicate issue needs to be explored in safety
-Party prematurely commits to a position
-Party adheres to unrealistic or unreasonable position
-Too many options on the table
-Parties are not aware of workable settlement options
-Parties need to talk things over in private among themselves, or with attorney |
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Term
| Things mediator can do when parties are deadlocked |
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Definition
-Caucus
-Take a break
-Fractionate the problem
-Brainstorm
-Explore options and prioritize issues
-Explore costs of not settling
-Pro-con/Cost-benefit analysis on each offer
-Make gradual concessions within a bargaining range, do tradeoffs
-Review or get agreement in principle, then refine details
-Discuss fairness
-Get outside legal or expert opinion
-Try short-term trial agreements
-Propose splitting the difference |
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Term
| What a mediator should do to close the mediation session |
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Definition
-Acknowledge efforts to reach an agreement
-Review what they have achieved, progress made
-End on a positive note |
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