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44 Cards in this Set
- Front
- Back
Mediation
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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.
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Why go through Mediation?
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-Empowers the parties
-Voluntary & Confidential -Quicker & more cost effective than legal system -High client satisfaction rates -Improves relationships |
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The Mediation Process
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1. introduction
2. story telling 3. identification of interests/needs 4. problem solving 5. agreement |
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Introduction
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ground rules, explanation of the process, role of the mediator, confidentiality, logistics, caucus
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Story telling
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-Each party tells their side
-Mediator uses reflective listening -Separate people from the problem |
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Identification of Interests/Needs
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Mediator reframes stories into global needs and interests - focus on interests rather than positions
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Problem Solving
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-Parties use brainstorming process
-Develop options for mutual gain -Use objective criteria if necessary |
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Agreement
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-Work out details of agreement
-Neutral/Even handed -Is it workable/doable? |
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When is Mediation Appropriate?
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-Emotions are intense
-Poor communication -Misperceptions and/or stereotypes -Repetitive negative behavior -Serious disagreement over data -Issues in negotiation -Value differences |
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When is Mediation INAPPROPRIATE?
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-Mentally ill, intoxicated, psychologically impaired
-Threats -No trained mediator -Goals are revolution/repression (sexism, racism, abortion - social problems) - MEDIATOR'S NIGHTMARE |
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Anger Arousal Cycle
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1. Trigger
2. Escalation 3. Crisis 4. Recovery 5. Post-crisis, Guilt & Depression |
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Trigger Stage
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"When the Knife goes in"
-May be a look, action, behavior -Feel victimized (Leaving the toilet seat up) |
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Escalation Stage
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"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 |
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Crisis Stage
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"Seeing red"
-Overwhelming rush of adrenaline -Often flight or fight response -Ability to think, reason, and communicate is minimal -Best offers will be ignored |
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Recovery Stage
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-Adrenaline and other chemicals dissipate
-Oxygen finds its way to the brain -Time varies from person to person -Offers may be ignored |
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Post-crisis, Guilt & Depression Stage
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-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 |
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Strategies to Defuse Anger
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-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) |
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Types of Anger
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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) |
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Strategies to Manage Your Own Anger
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-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 |
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Alternative Dispute Resolution (ADR)
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-Negotiation
-Mediation -Arbitration -Mediation/Arbitration -Ajudication -Summary Jury Trial -Mini-trials -Fact-finding -Neutral Evaluation -Facilitation -Ombuds -Dispute System Design |
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Arbitration
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Process where a neutral(s) make a decision for the parties
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Mediation/Arbitration
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-Hybrid
-Parties want a binding decision if they can't reach a decision -Med/Arb same, Med/Arb different |
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Ajudication
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Binding decision by courts, administrative agencies or private arbitrators
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Summary Jury Trial
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-Mock trial
-Predict outcome -Non binding verdicts (road map) |
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Mini-trials
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Present summaries of cases to chief executive/decision makers
-Offers quick, inexpensive review of case |
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Fact-finding
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Third party gives a neutral finding of fact/recommendation
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Neutral Evaluation
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Neutral reviews evidence and makes prediction
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Facilitation
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Facilitators moderate large meetings
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Ombuds
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Conflict expert gives a diagnosis about conflict
-Associated with an organization |
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Dispute System Design
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Process in an organization that is designed to help conflict - rules and processes
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Growth of ADR
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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 |
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Why ADR?
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-Faster
-Cost effective -High satisfaction rates -Relationship oriented -Those who develop their own resolutions are more likely to abide by them |
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Nonviolent Action
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-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 |
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Nonviolent Principles and Strategies
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-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 |
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Three Forms of Nonviolent Action
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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 |
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Mechanics of Change
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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) |
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Why do people obey?
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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) |
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Nonviolent Theory of Power
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-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 |
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Target Groups
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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) |
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Common Themes in Constructive Conflict Resolution Approaches
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-Reflective listening (active)
-Separate person from the problem -Focus on interests -Collaboration -Objective criteria |
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Victim-Offender Mediation Benefits
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-Emotions
-Closure for Victim -Confrontation -Restorative -Personal level -Accountability -Want information -Offender is less likely to offend again |
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Criminal Justice System
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-catching/jailing
-no direct confrontation -victim is witness for state -punishment -revictimized -more likely to offend again |
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Challenges of Victim-Offender Mediation Field
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-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 |
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Paradox of Forgiveness
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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)
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