Test 2 Flashcards
(48 cards)
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)
