ADR Test 1: Slides Review

In Vera's opinion what is the most powerful tool that you can develop in your personal and professional life?

What is Alternative Dispute Resolution?

What does it mean to work jointly with one another?

What is a negotiation?

What is mediation?

“...The issue is not tearing apart what works, but rather making our agreement work better... Economic Minister, Mexico Ildefonco Guajardo Villarreal, Aug.2018
What does this statement exemplify?

What are legal professionals moving away from? What does this result in?

What are paralegals required to inform their clients of?

How did ADR arise and why is it so popular?

What is the rights based model in ADR?

What is still happening even though many cases settle out of court?

*What does s.7 of the Charter mean?

What are some factors that led to the inaccessible legal system and increase in ADR paralegals?

What is access to justice and who has the hardest time accessing justice?

In provincial offences how many cases are resolved through ADR?

*R v Jordan

What is the role of paralegals in ADR?

What is a peace bond?

What were peace bonds designed for?

Who can apply for a peace bond?

What are the two most common reasons for peace bonds?

On what grounds can you bring forth a peace bond application?

What are the steps to the peace bond hearing process?

What are the different outcomes to peace bonds?

What is the "Ultimate Solution" and what does it look like in Criminal/Quasi Criminal court versus civil court?

In criminal or quasi criminal court is the mediation binding?

What are the goals of peace bonds?

*What is the goal of ADR?

What are the elements of relationship management?

What are the elements of a principled negotiation?

What causes conflict?

According to Maslow what is the most basic human need?

Name Maslow's pyramid of human needs in order.

What is conflict?

How does conflict happen?

When a client wants to confront an issue or respond to an issue in the legal system who is called in?

What is suspension?

How can a paralegal practice suspension in court?

What is an example of recognition of emotion?

What is an example of reframing?

What are 2 examples of positive communication and trust?

What helps you to be better at persuasion in ADR?

What is required by the LSO. If not ________ the behaviour can escalate and lead to an unproductive negotiation.

Give some examples of the needs that relate to Physiology, Safety, Love and Belonging, Esteem, and Self actualization

What is homeostasis?

*Why is some conflict necessary? (4)

What are 3 examples of ineffective behaviour in conflict resolution?

What can make conflict resolution more complex?

*what is the goal of ADR?

How do you achieve the goal of ADR?

What are 4 identity based needs?

What are the core concerns that reflect human wants that are important to pretty much everyone in a negotiation (5)

What are some of the benefits of having conflict resolution skills ?

What is the goal of ADR in the context of paralegals?

What does "going to the balcony" mean?

What are the 5 different kinds of conflict?

What are the key points of relationship conflicts and what is the best intervention for them?

What is a data conflict and what is the best way to address one?

What is an interest conflict and what is an appropriate intervention?

What is a structural conflict and what is a good way to intervene in one?

What is a value conflict?

What is a mood conflict?

What is zero sum thinking?

What are the styles of conflict resolution?

Competing

collaborating

compromising

avoiding

accomodating

attribution theory

What are the types of attribution?

internal attribution

external attribution

self serving bias

what are the reasons for interest based needs conflict

systems theory

what are 4 positive communication skills?

what are the methods of verbal communication

How can you deliver your communication effectively?

what does written communication rely on and what must it be

What are some of the features of active listening?

When the process is more formal what is more likely to be needed?

* What are the types of verbal communication?

What are the three possible modes of response to interpreting non verbal communication

What are some behaviours that display aggression?

what are some behaviours that display responsive listening

non responsive behaviours?

What does silence show the person you are talking to? What about paraphrasing?

Why is it important to keep detailed notes?

How can you use your knowledge of the conflict resolution styles in the paralegal world?

what are some benefits of negotiation?

what are some barriers to negotiation

According to William and Ury what are the three goals for successful negotiation

What are Ury and Fisher's theories of negotiation?

Positional Negotiation

Principled Negotiation

What are the 4 steps of principled negotiation

what are examples of objective criteria?

what is your job as a paralegal?

*Getting to Yes. The 3 goals for successful negotiation

Key to Principled Negotiation: Goal**

What does an ADR brief contain

important things to include in a settlement agreement

what to include at a judicial pre trial

what do you have to do to prepare your client to negotiate?

Why is it important to prepare your client?

How do you develop your clients interests?

What is the difference between options and alternatives?

Give some examples of open ended and clarifying questions

Example of a consequential question and a justifying question

What is a target point

Bottom line approach downfalls

BATNA

WATNA

What is a soft negotiation style and a hard negotiation style