alternative dispute resolution

Pregunta	Respuesta
1. When does conflict move to the next level of dispute?	able to clearly identify the value, interest, or belief which appears to be in conflict. Blames the other party for attempting to pre-empt that value, interest, or belief.
2. What is the best advantage point to understanding another person’s behavior?	It can make us more open-minded and help us look at issues in a broader context, and reduces our hostility toward opposing points of view so that we can appreciate another’s perspective while maintaining our own.
3. Contending through writes base system exists when (eg, in the court room, military, all of the above)	Courts, tribunals.
4. Ignoring conflict when it occurs is likely to produce what?	Removing it from conscious awareness or may lead to its eventual escalation, since the contrary aspirations still exist.
5. Data conflicts are caused by what?	Lack of information. Misinformation. Different views on what is relevant. Different interpretations of data. Different assessment procedures.
6. Contentious tactics do not include?	Anything other than ingratiating behavior, gamesman ship, guilty trips, persuasive argument, threats, irrevocable commitments, violence.
7. What is distributive/positional bargaining?	Bargaining aimed at getting as much as possible for the negotiating party, with no concern for the other side’s needs.
8. Collaborative and integrative approaches to negotiation focuses on what?	Full disclosure of relevant information, each party becomes concerned with the interests of all parties, the creation of new value (larger pie), rather than the division of a fixed pie and collaboration.
9. What is the key to a successful collaborative negotiation?	Communicate respectfully (verbal and nonverbal body language), no interrupting (active listening), the use of “I” statements when sharing concerns (set a positive tone).
10. According to Coleman Raider and Gerson, communication behavior includes what?	Attacking, evading, informing, opening and uniting.
11. How should a mediator see their role?	a. Assisting in establishing an open, positive, and trusting negotiating atmosphere. b. Helping plan the steps to be undertaken throughout the process. c. Helping frame the issues to be dealt with and helping parties prioritize those issues. d. Helping parties explore their underlying desires, hopes, fears, and concerns. e. Promoting problem solving on the basis of the parties’ own growing perception of the facts and of their interests. f. Enabling the parties to save face where possible g. Helping the parties develop skills that will permanently enhance their ability to problem-solve h. Asking the disputing parties the kinds of questions that will enable them to come to grips with their own interests and solutions
12. When the mediator becomes aware of a power imbalance what should they do?	Whether the power can be balanced. Whether, because of culture, gender, or other conditions the parties are likely to adopt a non-cooperative or self-damaging position. Ultimately, whether mediation is the right process.
13. What is not a step in the mediation process?	Anything that does not include preparation, introduction, issue elaboration, interest determination, problem-solving/solution.
14. What’s included in the mediator’s brief?	Written submissions by the parties that will form the basis of their case.
15. What are the two parts of a message?	Manifest content (what is actually being said) and latent content (message that lies beneath the surface; suggested or implied).
16. What’s the best question to use when you are trying to control a situation?	Open-ended, closed, clarifying, justifying, probing.
17. A population that is in chaos or is susceptible to stress and influence, what is it called?	...
18. What is divergent thinking?	Thinking that looks at a wide variety possible goals, solutions, or ways of doing things.
19. What is red hat thinking?	Intuitive thinking in which parties pay attention to their emotional reactions.
20. How would you describe the concept of frame of reference?	A person’s subjective point of view that helps him or her to understand the world and how to behave in it.
21. Ethnocentrism, what is it?	A mindset in which one believes one’s own culture is the only valid one.
22. Know the stages of heroic journey of conflict transformation as defined by Louise diamond.	The source, the quest, the test, the shift and the renewal.
23. Know about culture as defined in the textbook.	Culture is learned behavior which makes you part of a discernable group (collective cultures value the group over the individual and emphasize the importance of harmonious relationships within the group; individualistic cultures value the individual over the group and tend to prize such qualities as independence, creativity, freedom of thought and expression, and authority in decision making).
24. What is power in mediation?	The ability to make the other party think, believe, or behave in a way they would not voluntarily.
25. know the different types of powers (resource power, reward power, etc)	expert power, coercive power, reward power, referent power, network power, information power, legitimate power and resource power.
26. In order for a mediation to be successful, what does a mediator need to identify?	Parties goals, purposes, values and preferences.
27. When preparing for a community mediation what should a mediator do?	Know the community expectations, assess the community’s goals, assess the type of conflict involved, assess the stakeholders and determine the methods and stages.
28. Know how mediations work in a unionized setting.	Given the reality that conflict will happen, some organizations have designed, built, and implemented their own internal systems to deal with conflict.
29. Organizational culture, what is it?	The beliefs, assumptions, and values held by organizational members and is highly resistant to change.
30. Victim offender reconciliation programs, what is it?	A form of mediation that works to reconcile victim and offender by having the offender make reparations for the harm done to the victim by way of a restitution agreement which may be monetary or symbolic.
31. Who normally does not participate in a circle process?	Community members, judge practitioners, victims and offenders participate in a circle process.
32. Know the code of ethical conduct for mediators.	They guide practicing mediators, inform clients about the mediation process, protect mediating parties from the harm of lax standards or unknowledgeable, unskilled, or unethical mediators.
33. Know the appropriate method of dispute resolution. (banking, real estate)	Banking and real estate, civilian interaction with police, community and neighbourhood conflict, contractual disputes, criminal and restorative justice, environmental assessments, family law, human rights complaints, immigration and refugee claims, insurance claims, land use planning and development, landlord and tenant issues, organizational and workplace disputes, schoolyard and student conflict, separation and divorce, custody and access, family obligations and support, wills and estates, intergenerational conflict, trade and commerce.
1. Know approaches to brainstorming, at least 4	a) Speak freely – parties should feel free to suggest solutions that may not be feasible and say whatever comes to mind. b) Do not criticize the other side – the focus should be on generating ideas, not on deciding which ideas are acceptable or feasible. The brainstorming process will stop if criticism is allowed. c) Produce as many ideas as possible – the quality of ideas increases with quantity, the more ideas that are generated, the greater the possibility that one or more of them will be workable in the real world. d) Build on each other’s ideas – when parties get into the flow of brainstorming together, they can begin working in a truly cooperative way, generating ideas they would never have produced alone.
2. Frame of reference and the importance	Frame of reference is a person’s subjective reality, shaped by their particular experience and culture, and the basis for their perception of the world. Some of the ways in which it is important are that; It alerts us to the fact that each party’s perception of the world is different from our own, reminds us that the greatest obstacle to understanding another’s subjective world is our own frame of reference and encourages us to frame issues and determine needs and interests in a broader context than we might otherwise
3. What are Factors of inter cultural conflict	Intercultural conflict involves cultural differences between the parties, differences related to their frames of reference, values, myths, and stories. The factors that contribute to intercultural conflict are stereotyping (assuming that people from a certain social category all have certain characteristics) and demonization (a disputant’s use of stereotypes and falsifications to belittle, accuse, or attack the other side).
4. How do you overcome gender expectations?	Gender expectations are culturally determined notions of how men and women are supposed to behave and can be overcome by creating an environment that is equal and fair to both genders and not relying on the stereotypical notions laid out by society on how men and women should behave.
5. 5 important communication skills that a mediator needs to have	a) Paraphrasing – repeating in your own words what someone else has said. b) Summarizing – condensing the speakers message while including all of the relevant points. c) Reflecting – providing feedback that shows that the speaker’s feelings and emotions have been recognised. d) Reframing – looking at a situation from a more positive perspective and restating it. e) “I” messages – statements that eliminate blame and accusations.
6. What are the various questioning techniques?	a) Open-ended – allows the person responding to answer with a variety of answers, gives them control of the conversation and room to express feelings and underlying interests. b) Closed questions – they are limiting and usually only require a “yes” or “no” response and gives the asker control of the situation and emotional responses. c) Clarifying questions – used to bring out more information or to clarify a point someone has made, helping to clear up confusions or misunderstanding. d) Justifying questions – used to resolve inconsistent or contradictory statements, and to ensure clarity and understanding. e) Probing questions – used for exploring situations more or when parties give vague responses and may be necessary to elicit information.
7. Types of conflicts. Know various types, describe and give example.	a) Relationship conflicts – are caused by stereotyping and misperception, often involving strong emotion. b) Data conflicts – occur over information or misinformation over what is relevant or over how it should be collected or interpreted. c) Value conflicts – are conflicts that arise when people have different criteria for valuing ideas or behavior or have goals based on mutually exclusive value systems. d) Structural conflicts – arise from inequities or constraints in a social structure and that often take the form of destructive behaviour or interactions. e) Interest conflicts – arise from competition over substantive, procedural, or psychological interests.
define Yielding	– resolving conflict by giving up one’s own aspirations and accepting the other party’s as more important.
Define Concession	– the yielding of some part of one’s position.
Define Ritual Sharing	– the first stage of a collaborative negotiation and the point where parties develop rapport, discover common ground, and learn about each other’s interests.
Define Caucusing	– separating the parties and meeting with them privately, away from the table.
Define Relationship management	– managing the emotions of others in such a way as to enhance relationships.

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