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36 Cards in this Set
- Front
- Back
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Adjudication |
any dispute resolution process in which a neutral third party hears each parties evidence and arguments and renders a decision that is BINDING on them - based on objective standards - includes arbitration and litigation |
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Advisory opinion/ Adversarial mindset |
DRP which where a mutually acceptable neutral third party offers an objective assessment of each sides strengths and well as an option regarding the outcome of the case -designed to encourage settlement |
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arbitration |
informal hearing, mutually acceptable third party hears evidence and oral arguments and renders a decision - can be voluntary to compulsory - can be binding or non binding also referred to as court-annexed or private arbitration |
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Avoidance |
an aggrieved party forgoes his or her rights and seeks no remedy this putting an end to the dispute |
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conciliation |
neutral third party serves as an intermediary or messenger to parties who are unwilling to meet |
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conflict |
parties can develop protocols or arrangements for preventing disputes from occurring and pre- determining the range of appropriate responses to conflict |
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hybrid- process |
combine various elements of negotiation. adjudication and mediation to form a unique method of dispute resolution ex) mediation- arbitration , ombudsmen, mini trial, rent- a- judge |
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intrest based bargaining |
approach to negoation that is characterized by a focus on underlying interests rather than positions |
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interests |
a need desire, concern want or fear that motivates behavior |
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position |
desired outcome |
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mediation |
neutral third party who has no deacons making power, uses various procedures, techniques and skills to assist disputing parties to resolve their dispute by a mutually acceptable agreement. this process can be closed or open. - therapeutic intervention - dispute solved, but relationship repaired and conflict solving abilities improved. |
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Negotiation |
any discussion or dealings where in the parties with opposing interests seek to establish areas of agreement, settlement or compromise as to manage an ultimately resolve the dispute |
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ombudsmen |
an independant person who deals with citizens complaints against perceived administrative governmental or organizational injustice, has the power to investigate and publicize the complaint and mediate, make recommendations and limited compensation |
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Stage one - |
set the tone - express collaborative team approach - confirm time and breaks -determine authority - establish guidelines for discussion - begin to separate the people from the problem |
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stage two- |
outline the topics - set goal for the session - each negotiator has uninterrupted time to briefly outline the issue - clarify the issues from both sides - from agenda and prioritize |
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Stage three |
explore the interests
-gather the exchange info - specify your interests and elicit theirs - identify common interests - base discussion on objetive criteria - what is important and why -separate each issue - break down smaller issues into smaller issues - encourage understanding - form neutral goal statement |
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stage 4 |
solve the problem - generate options - determine criteria for fairness - who will do what , when and where and to what degree - be practical and realistic - be specific and discourage ambiguity - draft an agreement |
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individualistic |
- individual valued before the group - individual success and masterly are goals -judges/ arbitrator keep social order, resolve conflict and case- by case -conflict viewed negatively and with discomfort - change is seen as a positive - westen culture |
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collectivism |
more concerned about the consequences of in group members behavior and willing to sacrifice personal interests fro the good of the group - eastern and southern conflict is a social failure value stability more than change |
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communication skills paraphrasing |
repeating in own words when someone else said
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summarizing |
condensing speakers message including all relevant points |
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reflecting |
providing feedback that shows that the speakers feelings and emotions have been recognized |
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reframing
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looking at a situation from a diffrent perspective often a more positive one |
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i messages |
messages that require people to express themselves from their own perspective in language that does not blame the other party ex) i feel... when you... because |
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questioning skills open ended question |
a question that allows the person responding to answer with a variety of answers and to have control of the conversation and room to express feelings and interests " how do you feel about this |
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closed question |
yes or no answer |
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clarifying |
bring out more info or to clarify a point someone has made " can you explain " |
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consequential questions |
ask a party to consider the possible consequences of a prospective course of action |
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justifying questions |
use to resole inconsistent or contradictory statements and to ensure clarity and understanding |
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probing questions |
exploring a subject when the respondent seems wary of full disclosure |
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accommodate |
i lose, you win high relationship low outcome value |
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collaborate |
i win, you win high relationship high outcome q |
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avoid |
i lose , you lose low relationship low outcome |
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compromise |
both win , both lose medium relationship , medium outcome |
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compete |
i win , you lose high outcome , low relationship |
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role if a paralegal as a mediator |
shall, at the outset of the mediation, ensure that the parties to it understand fully that the paralegal is not acting as a representative for either party but as a mediator acting to assure the parties to resolve the issues in dispute |
