Dispute Mediation – Flashcards
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negotiated making
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govt officials negotiate the creation and enforcement of rules. (plan for future compliance)
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resolving through power
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going to war to resolve conflict
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resolving through rights
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legal way to resolve conflict
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resolving through interest
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mediation
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positions
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fixed outcome solutions (mediation)-- resolving through interest
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procedural interests
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how we organize things
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substantive interests
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time,goods,money
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Litigation
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alternative to court
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arbitration
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legally binding something with a third party
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non-binding arbitration
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party may use ruling as a suggestion in pursuit of another resolution
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Med-Arb
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start with mediation, if it fails switch to arbitration
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ombudsman
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hears complaints by citizen, see if a joint resolution can be reached, acts as a dual role of mediation and (binding) arbitrator
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neutral
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must be someone who is invested in well being of both parties
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impartial
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not favoring one type of agreement
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interest based
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aids disputants in identifying concerns that affect them and exploring the specific needs that must be addressed in any outcome
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mirror neutrons
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adapting over time (conversation) someones body positions (arm crossing) biologically programs us for empathy
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conciliation approach
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healing relationship
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problem solving
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just solving the problem
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caucus
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speak with them seperately
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balanced approach
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relationship and problem
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phase 1 in balanced mediation model
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opening statement
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phase 2 in balanced mediation model
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story telling
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phase 3 in balanced mediation model
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issue identification
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phase 4 in balanced mediation model
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establishing commonalities
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phase 5 in balanced mediation model
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agenda building
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phase 6 in balanced mediation model
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negotiation and problem solving
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phase 7 in balanced mediation model
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testing the agreement
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phase 8 in balanced mediation model
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writing the settlement agreement
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phase 9 in balanced mediation model
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closure
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norm of reciprocity
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problem in conflict, however, not where party listens to us but we listen to them, only after we listen do we want the other party to listen to us
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empathetic listening
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listening for understanding with goal of reflecting the perspective of the other party with out evaluation
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validation
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empathetic listening accompanied by the acknowledgement of the disputants concerns/feelings
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reframing
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validates disputant without slanted perspectives of facts
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pure- content paraphrasing
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mediator summarizes essence of facts that disputant relates
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listening(types)
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naturally good listeners
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barriers of internal listening
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125-250 per min (speaking) comprehending (500 wpm)
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batna
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best that can happen
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watna
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worst that can happen
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fractionate
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seperated
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Communication accommodation theory
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theory that all people adapt their behavior to others to some extent. (think of mirror neurons.)
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listening for comprehension
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receiving, understanding and remembering messages as accurately as possible
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appreciative listening
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Listening for pleasure or enjoyment
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cold call
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a sales visit without an appointment
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principle of self determination
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can both disputants function and make reasonable decisions. Ability to judge for themselves what is good and bad.
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Mediator role as a listener 1
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validate the emotions of the parties
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mediator role as a listener 2
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clarify important info
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mediator role as a listener 3
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helps parties explore, understand, articulate their interests
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mediator role as a listener 4
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summarize without reducing concerns
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mediator role as a listener 5
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make sure all parties have access to problem solving and decision making
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mediator role as a listener 6
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address power imbalances by encouraging lower party's participation
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mediator role as a listener 7
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help party create a common story that integrates their unique perspective
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pure content paraphrasing
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paraphrasing only the content that has been said, no emotions of added information.
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conflict essay: communication
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humans are not always skilled at communication and often misperceive others intentions or behaviors
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conflict essay: emotions
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drive and sustain conflict
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conflict essay: values
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defend when they are threatened
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conflict essay: structural conflict
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continue to be a problem when they don't go the way we want
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conflict essay: history
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always occur in context of past
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Essay: facilitator
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who makes communication possible
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Essay: trainer
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educated party about process
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Essay: coach
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helps parties talk to each other when appropriate
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Essay: innovator
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builds structure for creative thinking
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Essay: catalyst
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who has parties look at problem differently
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Essay: role model
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demonstrates what constructive communication skills are
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Essay:power balancer
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levels playing field
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Essay:neutral third party
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does not favor either disputant
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Essay: impartial third party
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no stake in outcome
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Essay: face manager
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helps settle with no undue embarrassement
