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17 Cards in this Set

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Non-contingent moves
ALWAYS DO
Interventions a mediator initiates in all disputes
Contingent moves
SOMETIMES DO
Interventions made in response to idiosyncratic problems that occur in some disputes.
Caucus
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.
Conciliation
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
Facilitation
help a GROUP hold civil discussions about controversial issues and/or work together to solve problems.
Memorandum of Understanding/Agreement
Write up whatever was accomplished in a meeting. Often resulting in a binding contract.
Framing
manner in which a conflict situation, issue or interest is conceptualized or defined.
Reframing
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.
Rights-based Mediation
Focuses on legal entitlements vs needs & interests. Non-binding opinion about the merits and settlement value of a case.
Interest-based Mediation
Focus is on the parties' underlying needs and interest. Mediator doesn't offer an opinion on the actual agreement.
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
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.
Transformative
(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.
Impartiality
freedom from bias or favoritism either in word or action towards parties/outcomes. a mediators refusal to favor one party
Adjudication
Public "state and federal laws give the judge his or her power.
Arbitration
Private "the disputants, often through a contractual agreement, give the arbitrator his or her power.
Commercial Arbitration
Voluntary, agreement between two businesses that includes an agreement to arbitrate any dispute concerning the terms and conditions of the contract.