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25 Cards in this Set
- Front
- Back
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Mono lake and law used to defend it (precedent?) |
Public Trust Doctrine! |
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Swainson Hawk, stuff about Novartis |
-Largest corporation in the world at the time, specialized in pharmaceuticals |
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Standard of proof for criminal vs. civil cases |
-Criminal: Standard of proof needed to convict: beyond reasonable doubt -Civil: standard of proof: preponderance of evidence |
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What are facilitators? |
Facilitators: -Act as a mediator -Do their work at the table -Work out logistics -Make sure there is a recorder -Enforces ground rules |
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What are mediators? |
-intervenes to assist two or more disputants negotiate w/each other to reach a settlement of their differences in a mutually satisfactory solution -Neutral in dispute resolution case |
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What did the mediators do in Nahal Tzalmon? |
-They held a dinner to encourage bonding -Shuttle diplomacy, caucuses -Created small groups of similar interests |
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When mediation is used instead of facilitation |
When parties are already quite polarized and recognize a need for more significant intervention Stems from blown up situation
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What is arbitration? |
The private, judicial determination of a dispute, by an independent third party |
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Litigation "stuff" |
Concerned with "rights" according to the law
-Solutions imposed by 3rd party neutral DMers (judge/Jury) |
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What is the brown act? |
Open meetings: -Proper notice -public officials do not have authority to decide what the public gets to know -cannot have serial meetings |
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What are the two serial meetings? |
Daisy Chain Hub and Spokes |
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When a majority of members are present? |
Quarum |
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What is Accommodation? |
more concerned with meeting the needs of others than the needs of self -appropriate when: -not important issue to you -when you value relationship -when there are other conflicts (reciprocity) |
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What is Compromise? |
Equally concerned with own needs and needs of others -Can be an outcome of negotiation -Not good: when one side is unreasonable |
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Types of power and its influence: |
Hierarchical, financial, cultural, legal, knowledge, access to resources, media, physical force |
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Roles of science: How it fits in |
Defines the issue -scope/magnitude of environmental threat -primary causes -ideas on the type of action required to address it fact finding negotiation/bargaining |
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How science didn't help in the overpopulation of deer: |
Even though forestry management principles and ecology proved that the deer were negatively impacting human drinking water and forest regeneration, value conflicts caused science to be irrelevant. |
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physiological/neurological effect of anger |
Intense anger causes "emotional flooding" cognitive narrowing (black and white thinking) Brain activity transfers from frontal lobes to amygdala (fight or flight) Increase heart rate/blood pressure/flush |
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What is slash and burn? |
when criticized, attack your critics! Discredit them! |
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What is SLAPP? |
Strategic Lawsuit Against Public Participation -Company will accuse of slander -Discourage other side from fighting |
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Binding Arbitration: |
Decision is final |
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Non-binding arbitration: |
Either party may reject the arbitration and demand a trial instead |
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What is a BATNA? |
Best Alternative To Negotiated Agreement -fallback |
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What is APA? |
Administrative procedure act -Governs internal procedures of administrative agencies, including how they interact with the public |
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Ways mediators break the ice: |
Trust building exercises dinner together keep culture in mind, idfk |
