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44 Cards in this Set

  • Front
  • Back
Mediation
Assisted negotiation where mediator is a neutral third pary. The mediator improves communication and works with parties to achieve creative outcomes. They lack in decision making power. Just an agent of reality.
Why go through Mediation?
-Empowers the parties
-Voluntary & Confidential
-Quicker & more cost effective than legal system
-High client satisfaction rates
-Improves relationships
The Mediation Process
1. introduction
2. story telling
3. identification of interests/needs
4. problem solving
5. agreement
Introduction
ground rules, explanation of the process, role of the mediator, confidentiality, logistics, caucus
Story telling
-Each party tells their side
-Mediator uses reflective listening
-Separate people from the problem
Identification of Interests/Needs
Mediator reframes stories into global needs and interests - focus on interests rather than positions
Problem Solving
-Parties use brainstorming process
-Develop options for mutual gain
-Use objective criteria if necessary
Agreement
-Work out details of agreement
-Neutral/Even handed
-Is it workable/doable?
When is Mediation Appropriate?
-Emotions are intense
-Poor communication
-Misperceptions and/or stereotypes
-Repetitive negative behavior
-Serious disagreement over data
-Issues in negotiation
-Value differences
When is Mediation INAPPROPRIATE?
-Mentally ill, intoxicated, psychologically impaired
-Threats
-No trained mediator
-Goals are revolution/repression (sexism, racism, abortion - social problems) - MEDIATOR'S NIGHTMARE
Anger Arousal Cycle
1. Trigger
2. Escalation
3. Crisis
4. Recovery
5. Post-crisis, Guilt & Depression
Trigger Stage
"When the Knife goes in"
-May be a look, action, behavior
-Feel victimized
(Leaving the toilet seat up)
Escalation Stage
"Doped up & dumbed down"
-Adrenaline and other chemicals are released
-Physical changes such as heart pounding, high blood pressure, muscles tense, etc
-Best offers are ignored
Crisis Stage
"Seeing red"
-Overwhelming rush of adrenaline
-Often flight or fight response
-Ability to think, reason, and communicate is minimal
-Best offers will be ignored
Recovery Stage
-Adrenaline and other chemicals dissipate
-Oxygen finds its way to the brain
-Time varies from person to person
-Offers may be ignored
Post-crisis, Guilt & Depression Stage
-Body returns to normal
-Reflect on our own actions/behaviors
-May feel guilty, embarrassed, and depressed
-May bury issues to accommodate guilt - disconnect with person
Strategies to Defuse Anger
-Give them their one minute
-Create speed bumps - slow down conversation
-Show empathy
-Validate their experiences
-Ask open ended questions
-Reframe
-Summarize
-Apologize if appropriate
-Humor (sometimes)
Types of Anger
Aggressive - directed towards other person with the intention of hurting others (BAD)
Passive - internalized anger and avoids dealing with the situation by holding a grudge, getting even, spreading rumors, and not speaking to that person (BAD)
Assertive - expressing it in a non threatening way to the person through an assertion message (USUALLY THE BEST)
Strategies to Manage Your Own Anger
-Know your triggers
-Breathe and ground yourself
-Know your gremlins - destructive inner voices
-Fight or flight your gremlins
-Be aware and listen to inner coach
Alternative Dispute Resolution (ADR)
-Negotiation
-Mediation
-Arbitration
-Mediation/Arbitration
-Ajudication
-Summary Jury Trial
-Mini-trials
-Fact-finding
-Neutral Evaluation
-Facilitation
-Ombuds
-Dispute System Design
Arbitration
Process where a neutral(s) make a decision for the parties
Mediation/Arbitration
-Hybrid
-Parties want a binding decision if they can't reach a decision
-Med/Arb same, Med/Arb different
Ajudication
Binding decision by courts, administrative agencies or private arbitrators
Summary Jury Trial
-Mock trial
-Predict outcome
-Non binding verdicts (road map)
Mini-trials
Present summaries of cases to chief executive/decision makers
-Offers quick, inexpensive review of case
Fact-finding
Third party gives a neutral finding of fact/recommendation
Neutral Evaluation
Neutral reviews evidence and makes prediction
Facilitation
Facilitators moderate large meetings
Ombuds
Conflict expert gives a diagnosis about conflict
-Associated with an organization
Dispute System Design
Process in an organization that is designed to help conflict - rules and processes
Growth of ADR
1. religious movements
2. commercial/business history
3. labor/management
4. non-unionized setting
5. neighborhood justice centers
6. pound conference
7. schools
8. enforcement agencies
9. 1990 administrative dispute resolution act
Why ADR?
-Faster
-Cost effective
-High satisfaction rates
-Relationship oriented
-Those who develop their own resolutions are more likely to abide by them
Nonviolent Action
-Way of life or philosophy
-Techniques and strategies to affect positive social change
-Non military, non hierarchy and participatory (encourages participants) - more the better
-198 forms of nonviolent action
Nonviolent Principles and Strategies
-Expose existing violence, injustice, and the need for change
-Separate the people from the problem
-Stress a positive relationship with opponents while pressing issue
-Focus on interests
-Openly dicuss tactics
-Positive reciprocal causation
-Strive for mutually beneficial solutions
Three Forms of Nonviolent Action
1. nonviolent protest and persuasion: marches, protests, picketing, public meetings, educating, lobbying power holders, writing letters
2. nonviolent noncooperation: social boycotts, strikes, civil disobedience
3. nonviolent interventions: lawsuits, sit ins, fasts, nonviolent invasions, blockades
Mechanics of Change
1. Conversion - change opponents thinking (reason, moral and emotional factors)
2. Accommodation - opponents grand demands (give in)
3. Nonviolent coercion - successful in changing power balance (have no choice that they have to give in)
Why do people obey?
1. habit
2. fear of sanctions (get bit in the butt)
3. moral obligation
4. self interest
5. psychological identification (identify with leader)
6. zones of indifference (don't care)
7. lack of self confidence (can't help, only one person)
Nonviolent Theory of Power
-Puralists (mutiple) vs. Monolithic (one) view of power
-Power is diffuse and fragile
-Many forms of power: human resources, material resources, skills, knowledge
-Obedience is not inevitable, but voluntary
Target Groups
1. Active participation
2. Supporters
3. Moral Support
4. Neutral
5. Hostile
6. Actively Hostile
**Primary goal: decide on target group(s) and move every one up 1 step (ex. Neural --》Moral Support)
Common Themes in Constructive Conflict Resolution Approaches
-Reflective listening (active)
-Separate person from the problem
-Focus on interests
-Collaboration
-Objective criteria
Victim-Offender Mediation Benefits
-Emotions
-Closure for Victim
-Confrontation
-Restorative
-Personal level
-Accountability
-Want information
-Offender is less likely to offend again
Criminal Justice System
-catching/jailing
-no direct confrontation
-victim is witness for state
-punishment
-revictimized
-more likely to offend again
Challenges of Victim-Offender Mediation Field
-Not alot of cases - garbage cases (girl steals nail polish)
-Takes too much time to prep offender
-Get cases that are normally thrown out
-Limitation of Mediation - blow up on victim
Paradox of Forgiveness
As a mediator, you hope there is some degree of forgiveness. You can't mention it. (Judgemental, preachy, senstive topic, needs to come out on its own)