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71 Cards in this Set
- Front
- Back
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Mediation
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Assisted negotiation
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Mediator
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3rd neutral party
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What does mediation improve?
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Communication
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What does mediation lack?
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Decision making power
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Mediation is an agent of _____
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Reality
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What does mediation produce?
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Creative solutions devised by both parties.
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Mediation is based on a 1)________ mindset v.s. an 2)________ mindset.
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1) Collaborative
2) Adversarial |
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Mediation empowers who?
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The disputants.
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Mediation is voluntary and confidental. T/F
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True
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Mediation is more _____ and _____than litigation.
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Cost Effective
Self-determining |
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Mediation has high _______ rates.
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Client satisfaction
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Restorative Justice
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Theory of Justice that emphasizes repairing the harm caused by criminal behavior.
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Examples of Restorative Justice
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Victim Offender Mediation
Conferencing Ex-Offender Assistance |
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Storytelling
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When each side tells their side of the story.
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What does the mediator do during storytelling?
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Reflective listening.
Separates the people from the problem. |
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Identification of the problem
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Mediator re-frames stories into global needs and interests.
Focuses on interests vs. positions. |
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What happens during Problem Solving?
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Brainstorming
Develop options for mutual gain Use of objective criteria |
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Agreement
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Works out details
Make sure it is even handed and doable. |
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When is Mediation appropriate?
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Emotions are intense.
Poor communication. Misconceptions and stereotypes. Serious disagreement over data. Multiple issues to negotiate. Stalemate Incompatible goals or value difs. |
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When is Mediation inappropriate?
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Mentally ill
Intoxicated Threats/Coercion Proper exercise of authority No trained mediators Power can't be balanced Goals are revolution/repression |
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Mediation movement is 1)______ vs 2)______.
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1) Pluralistic
2) Monolithic |
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4 Main Approaches or 'Stories' to the Mediation Movement
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Social Justice
Oppression Satisfaction Transformation |
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Social Justice Story
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Strengthens communities by creating alliances.
Facilitates the organization of powerless people or groups. Establishes common interests and assists in greater social justice. |
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Oppression Story
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It favors the powerful over the weak.
Can produce unfair results compared to the legal system. |
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Satisfaction Story
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View is that conflict is a problem.
Mediator is the 'Problem-solver'. Tries to find win-win solutions. Goal is settlement. Based on 'Individualistic worldview'. Little emphasis on transformative benefit of mediation. Limits 'Influence of directiveness' of the mediator. Most prevalent form of mediation. |
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Transformation Story
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Based on transformative vs problem solving.
"Help transform individuals from fearful, defensive, or self-centered beings into confident responsive, caring ones. ultimately transforming society as well." Based on a relational world view. |
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Goals of Transformation Story
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Empowerment
Recognition |
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Stages of Anger Arousal
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Trigger
Escalation Crisis Recovery Return to Reason |
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Trigger Stage
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Can be anything that sets an individual off.
Feel victimized |
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Escalation
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Adrenaline and other chemicals are released
Physical changes such as increased heart rate, blood pressure, muscle tension, etc. Best offers are ignored "Doped up and dumbed down" |
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Crisis Stage
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Seeing red.
Overwhelming rush of adrenaline Often fight or flight response Ability to think, reason and communicate is minimal. Best offers definitely ignored. |
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Recovery Stage
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Adrenaline and other chemicals dissipate.
Oxygen finally gets back to the brain. Time varies per person. Offers may be ignored. |
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Post-crisis Guilt and Depression Stage.
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Body returns to normal
Reflect on own behavior/actions May feel guilty, embarrassed, or depressed. May bury issues or accommodate to deal with guilt. |
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Strategies to Defuse anger
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Give them time.
Create speed bumps. Show empathy. Validate their experience. Paraphrase key concerns. Ask open-ended questions. Reframe focus on unmet needs. Summarize. Apologize, if appropriate. |
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Aggressive anger
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Directed to others with the intention of hurting them.
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Passive Anger
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Internalize anger and avoids dealing with the situation.
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Passive Anger is expressed by:
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Holding a grudge
Getting even Spreading rumors Not speaking to the person |
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Assertive Anger
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Usually the best
Expressing it in a nonthreatening way to the person involved (ie. assertive message) |
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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 gremlins. Be aware and listen to your 'inner coach'. |
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Alternative Dispute Resolution (ADR) Techniques
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Negotiation
Mediation Arbitration Mediation/Abrbitration Adjudication Summary Jury Trial Mini-trial Fact-finding Neutral Evaluation Facilitation Ombuds Dispute System Design |
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Negotiation
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Disputants only
Only win-lose (distributive) or win-win (integrative) |
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Mediation
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Assisted negotiation.
Neutral third party. Assists in developing mutually advantageous solutions. Mediator doesn't make any decisions/impose solutions. Confidential/Private. Not appropriate for social change or to set legal precedent. |
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Arbitration
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A neutral 3rd party makes decisions for the parties.
Can be binding or non-binding. |
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Mediation/Arbitration
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Hybrid
Parties want a binding decision if they can't reach a decision. Not held in court. |
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Adjudication
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Binding decision by courts, administrative agencies, or private investigators.
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Summary Trial
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Predict outcome.
Jurors give non-binding verdicts. |
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Mini-trials
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Present summaries of cases to chief executives/decision makers.
Offers quick, inexpensive review of the case. |
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Fact Finding
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Third party gives neutral finding of fact/recommendation.
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Neutral Evaluation
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Neutral reviews of 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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Dispute resolution manager/ "Jack of all trades".
Neutrality, confidentiality. Associated with an org. Chain of command. |
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Dispute System Design
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Dispute resolution processes for organizations.
Conflict diagnosis on organizational level. |
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What led to the growth of ADR?
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Religious movements
Commercial/Business history Labor/Management Nonunionized setting Neighborhood Justice Centers Pound Conference Schools Enforcement agencies 1990 Administrative Dispute Resolution Act. |
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Why use ADR?
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Fast.
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, decentralized and pracipitory. |
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Nonviolent action is a way to deny ____ assistance and cooperation.
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Human
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Nonviolent action is not:
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Passivity
Inaction Escapist Approach |
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How many forms of nonviolent action are there?
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198
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Nonviolent principles and strategies
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Expose exiting violence, injustices and need for change.
Separate people from the problem Stress positive relationship with opponents while pressing the issue. Focus on interests vs position. Openly discuss tactics. Use positive reciprocal causation. Strive for mutually beneficial situations. |
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Non-violent protest and persuasion
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Marches
Protests Picketing Public meetings Educating Lobbying power holders Writing letters |
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Non-violent noncooperation
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Social boycottss
Strikes Civil disobedience |
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Non-violent interventions
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Lawsuits
Sit-ins Fasts Nonviolent invasions Blockades |
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Mechanisms of Change
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Conversion
Accommodation Nonviolent coercion |
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Conversion
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Opponents develop new perspective.
Reason, moral and emotional factors. |
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Accommodation
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Opponents grants demands.
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Nonviolent Coercion
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Successful in changing power balance.
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Why do people obey?
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Habit
Fear of problems Moral Obligation Self-interest Psychological identification Indifference Lack of self-confidence |
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Nonviolent Theory of Power
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Puralists vs Monolithic.
Power is diffuse and fragile. Many forms of power. Non-cooperation cuts off oppressors source of power. Activists can change power relations. |
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Forms of Power
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Human Resources
Material Resources Skills Knowledge |
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Obedience is not inevitable but _______.
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Voluntary
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Target Groups
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Active participants
Supporters (not active - ie. financial) Moral Support Neutral Hostile Actively Hostile |
