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17 Cards in this Set
- Front
- Back
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Non-contingent moves
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ALWAYS DO
Interventions a mediator initiates in all disputes |
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Contingent moves
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SOMETIMES DO
Interventions made in response to idiosyncratic problems that occur in some disputes. |
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Caucus
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Individual meetings held between the mediator and a disputant. Everything may be revealed to other party unless the person says not to disclose the information.
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Conciliation
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Help ready the party for negotiation. Help them under w/ an open mind. 3rd party to improve communication, reducing fear/mistrust and building positive perceptions. Psychological component of mediation which tries to
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Facilitation
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help a GROUP hold civil discussions about controversial issues and/or work together to solve problems.
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Memorandum of Understanding/Agreement
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Write up whatever was accomplished in a meeting. Often resulting in a binding contract.
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Framing
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manner in which a conflict situation, issue or interest is conceptualized or defined.
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Reframing
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The process of changing how a person or party to a conflict, conceptualizes his or her attitudes, behaviors, issues or interest; or how the structure of a situation is defined.
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Rights-based Mediation
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Focuses on legal entitlements vs needs & interests. Non-binding opinion about the merits and settlement value of a case.
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Interest-based Mediation
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Focus is on the parties' underlying needs and interest. Mediator doesn't offer an opinion on the actual agreement.
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Mediation Styles
Evaluative |
(rights based) NO RELATIONSHIP, a quick resolution is needed; legal principles don't have to be decided. Mediator evaluates the merits of each disputant's case. Helping parties assess their relative strengths and weaknesses of their case. Goal is to settle
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Mediation Styles
Facilitative |
(interest-based) Interest and Communication. Helps disputants reach their own agreement; mediator doesn't advocate for any particular solution. Appropriate when: a relationship is involved and parties need help communicating.
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Transformative
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(interest-based) Very different approach RELATIONSHIP VERY IMPORTANT "healing the relationship" rather than settling the dispute. goals are empowerment of parties and recognition of each other's perspective.
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Impartiality
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freedom from bias or favoritism either in word or action towards parties/outcomes. a mediators refusal to favor one party
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Adjudication
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Public "state and federal laws give the judge his or her power.
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Arbitration
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Private "the disputants, often through a contractual agreement, give the arbitrator his or her power.
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Commercial Arbitration
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Voluntary, agreement between two businesses that includes an agreement to arbitrate any dispute concerning the terms and conditions of the contract.
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