chapter 9

Question 1

mediation (definition)

Answer 1

a negotiation process facilitated by a trusted neutral person

Question 2

aim of mediation

Answer 2

allow the parties to set a new common framework
involving interests and needs of both sides
find mutually satisfactory agreement

Question 3

in mediation who decides how to resolve dispute

Answer 3

the parties involved

mediator does not determine who is right

Question 4

advantages of mediation

Answer 4

key advantage: solve problem by agreement

confidential
impartial
voluntary

Question 5

Alternative Dispute Resolutions ADR

Answer 5

methods to resolve disputes without litigation

Negotiation: 3rd party isnt involved
Mediation: 3rd party doesnt have active role
Arbitration: 3rd party makes decision (but not in a court)
Conciliation: 3rd party has active role but doesnt make decision (non coercive)

Question 6

Mediation rules of conduct

Answer 6

one person speaks at a time
no interrupting
no attacking blaming or insulting
aim is to reach mutual agreement, which will be written and kept by all sides
process is confidential

Question 7

Phases of mediation

Answer 7

Introductions and rules of conduct
Listen and agree on problem definition
Find possible solutions
Parties advocate and compare solutions
Decision making
Make plan, define obligations, agree on dates and details