Mediation and Conciliation Overview

Opening Statement = Setting ground rules and explaining the process Joint Session = Parties presenting their cases and legal issues Separate Session/Caucus = Encouraging parties to generate solutions and finding mutually acceptable terms Reality Testing = Assessing the accuracy of perceptions and beliefs to move negotiations forward

Brain Storming = A technique used to generate options for agreement, involving two stages: creating options and evaluating options. Sub- Sessions = A separate session held with all members of one side of a dispute, including their advocates and other party members. Exchange of Offers = The mediator carries options/offers generated by the parties from one side to the other. Lateral Thinking = A way of thinking that involves looking for creative solutions to problems by exploring different perspectives and possibilities.

Mediator confirms settlement terms orally = The mediator verbally confirms the agreed-upon terms of settlement. Reduces them to writing = The mediator puts the agreed-upon terms of settlement in writing. Signs them by all parties and legal representatives = All parties and their legal representatives sign the written settlement agreement. Furnishes a copy = The mediator provides a copy of the signed settlement agreement to the parties.

<p>Enhances understanding = Effective communication helps to clarify and deepen the comprehension of information, ideas, and feelings. Builds trust = Open and honest communication fosters a sense of reliability and confidence among individuals and groups, creating a foundation for stronger relationships. Promotes collaboration/teamwork = Effective communication enables individuals and groups to work together efficiently and effectively, achieving common goals. Information transmission = Communication is the process of transferring information from one source to another, involving various forms of expression.</p> Signup and view all the answers

<p>Certifying their signature = The mediator verifies the authenticity of the signatures on the settlement agreement. Sends the original signed agreement to the referral court = The mediator sends the original signed settlement agreement to the court that referred the mediation case. Thanks the parties for their participation = The mediator expresses appreciation to all parties involved in the mediation process. Congratulates them on reaching a settlement = The mediator acknowledges and celebrates the parties’ successful resolution of the dispute.</p> Signup and view all the answers

<p>Non-Verbal Communication = Consists of body language, facial expressions, gestures, and tone of voice, often conveying more than words alone. Visual Communication = Uses visual aids such as graphs, charts, images, and videos to convey information effectively. Interpersonal Communication = Occurs between two or more individuals and is essential for building relationships and resolving conflicts. Group Communication = Involves interactions within groups, such as teams or organizations, often requiring coordination and collaboration.</p> Signup and view all the answers

<p>Active Listening = Pay attention to the speaker, show interest, and provide feedback to demonstrate understanding. Clarity and Conciseness = Use clear and straightforward language to convey your message without ambiguity. Empathy = Try to understand the feelings and perspectives of others to foster connection and trust. Adjusting Communication Styles = Be aware of your audience and adapt your communication style to suit their preferences and needs.</p> Signup and view all the answers

<p>Language Differences = Variations in language can lead to misunderstandings or misinterpretations. Cultural Differences = Diverse cultural backgrounds can influence communication styles, leading to potential conflicts. Emotional Barriers = Personal feelings such as anger, anxiety, or sadness can hinder effective communication. Physical Barriers = Environmental factors, such as noise or distance, can disrupt the communication process.</p> Signup and view all the answers

<p>Neutrality = Remaining impartial and unbiased throughout the mediation process. Questioning Techniques = Using open-ended and clarifying questions to help parties explore their perspectives. Non-Verbal Communication = Paying attention to body language, facial expressions, and tone of voice to understand and respond to parties effectively. Active Listening = Fully concentrating, understanding, responding, and remembering what is being said.</p> Signup and view all the answers

<p>Non-Verbal Communication = To convey emotions, attitudes, and intentions beyond spoken words. Visual Communication = To present information in a clear and engaging way using visual aids. Interpersonal Communication = To build relationships, share information, and resolve conflicts. Group Communication = To facilitate collaboration and achieve shared goals within a group.</p> Signup and view all the answers

<p>Language Differences = Can lead to misunderstandings and misinterpretations. Cultural Differences = Can result in communication breakdowns and conflicts. Emotional Barriers = Can make it difficult to listen objectively and communicate effectively. Physical Barriers = Can disrupt communication flow and hinder understanding.</p> Signup and view all the answers

<p>Summarizing = Outlining the key points made by a speaker Reflecting = Confirming understanding of the speaker's emotions Re-framing = Shifting focus from positions to interests and solutions Acknowledging = Verbally recognizing a speaker's statement without agreeing or disagreeing</p> Signup and view all the answers

<p>Distractions = External or internal factors that hinder focus Inadequate time = Insufficient time for attentive listening Pre-judging = Forming opinions about the parties before hearing them out Blaming/guilty = Assigning responsibility for past events</p> Signup and view all the answers

<p>Empathy = Understanding and sharing the feelings of others Clarity and Conciseness = Expressing thoughts clearly and directly Neutrality = Remaining impartial and unbiased throughout mediation Questioning Techniques = Employing open-ended and probing questions</p> Signup and view all the answers

<p>Summarizing = So, it sounds like you're concerned about the financial impact of this decision. Reflecting = I hear the frustration in your voice when you talk about this issue. Re-framing = Instead of focusing on who was at fault, maybe we can explore how to prevent this from happening again. Acknowledging = I understand that you feel strongly about this point.</p> Signup and view all the answers

<p>Distractions = The constant ringing of the phone is making it difficult to concentrate. Inadequate time = We only have 15 minutes for this meeting, which isn't enough time to properly listen. Pre-judging = I've heard stories about this party, so I already have an idea of what to expect. Blaming/guilty = It's clear to me that you're the one who caused this problem.</p> Signup and view all the answers

<p>Empathy = Establishes trust and rapport with the parties Clarity and Conciseness = Facilitates efficient and productive communication Neutrality = Ensures fair and impartial resolution of conflicts Questioning Techniques = Uncovers underlying needs and interests of the parties</p> Signup and view all the answers

<p>Summarizing = Clarifies understanding and avoids misunderstandings Reflecting = Validates emotions and promotes a sense of being heard Re-framing = Shifts the conversation towards finding solutions Acknowledging = Shows respect for the parties' perspectives</p> Signup and view all the answers

<p>Distractions = Hinders the mediator's ability to fully engage with the parties Inadequate time = May lead to rushed and incomplete discussions Pre-judging = Can undermine the mediator's objectivity and fairness Blaming/guilty = Creates an adversarial atmosphere and hinders collaboration</p> Signup and view all the answers

<p>Sender = The individual or entity that initiates the communication by conveying a message. Message = The information or content being communicated, which can be verbal, non-verbal, written, or visual. Medium = The channel through which the message is transmitted, such as spoken words, emails, text messages, or body language. Receiver = The individual or group who receives and interprets the message.</p> Signup and view all the answers

<p>Building relations = Communication is crucial for establishing and maintaining relationships. Expressing Emotions = Communication allows individuals to express their feelings and emotions, facilitating emotional connections. Persuasion = Communication can be used to persuade or influence others. Problem Solving = Through dialogue and discussion, communication helps identify issues and brainstorm solutions.</p> Signup and view all the answers

<p>Verbal Communication = Involves spoken or written words. It includes face-to-face conversations, phone calls, and written correspondence. Non-Verbal Communication = Consists of gestures, facial expressions, body language, and tone of voice, conveying meaning without words. Written Communication = Includes letters, emails, reports, memos, and other written documents, providing a permanent record of communication. Visual Communication = Uses images, graphics, videos, and other visual elements to convey information, often enhancing understanding and engagement.</p> Signup and view all the answers

<p>Feedback = The response from the receiver back to the sender, indicating whether the message was understood and how it was received. Context = The environment or situation in which the communication occurs, influencing how messages are sent and received. Encoding = The process by which the sender transforms a thought or idea into a message that can be communicated. Decoding = The process by which the receiver interprets the message received, transforming it back into an understandable thought or idea.</p> Signup and view all the answers

<p>Physical Barriers = External factors such as noise, distance, or physical disabilities that hinder communication. Psychological Barriers = Internal factors such as emotions, attitudes, biases, or perceptions that can impede communication. Semantic Barriers = Differences in language, jargon, or cultural interpretations that can lead to misunderstandings. Cultural Barriers = Variations in cultural norms, values, and communication styles that can create obstacles to effective communication.</p> Signup and view all the answers

<p>Assertive = Expressing oneself clearly and confidently while respecting the opinions and feelings of others. Aggressive = Dominating and forceful communication that disregards others' opinions and feelings. Passive = Avoiding expressing one's opinions or feelings, leading to potential resentments and misunderstandings. Passive-Aggressive = Indirect and manipulative communication that expresses hostility or anger subtly.</p> Signup and view all the answers

<p>Asking effective questions = Gathering information, clarifying facts, and altering perceptions Discussing strengths and weaknesses = Examining potential judge views, evidence weaknesses, and timelines Considering consequences of no agreement = Analyzing best, worst, and most likely outcomes of not settling MLATNA Analysis = Assessing the most likely alternative to a negotiated agreement</p> Signup and view all the answers

<p>Open-ended questions = Broad and encourage detailed responses Closed questions = Specific, concrete, and elicit specific information Questions that bring out facts = Seek information about the background of the matter Questions that bring out positions = Focus on uncovering the parties' legal claims</p> Signup and view all the answers

<p>BATNA = Best Alternative to Negotiated Agreement WATNA = Worst Alternative to Negotiated Agreement MLATNA = Most Likely Alternative to Negotiated Agreement Reality-testing = Analyzing a claim, defense, and legal basis comprehensively</p> Signup and view all the answers

<p>Understanding the parties' case = Helps parties gain a deeper understanding of their strengths and weaknesses Giving up rigid positions = Encourages parties to be more flexible and open to compromise Identifying interests = Helps parties focus on underlying needs and goals instead of just positions Focusing on problem-solving = Shifts the emphasis from adversarial conflict to finding solutions</p> Signup and view all the answers

The initial address by the mediator outlining rules and process for mediation.

Guidelines established for respectful behavior during mediation sessions.

A meeting where parties discuss their cases together in mediation.

Facilitates discussion, ensures neutrality, and guides parties through mediation.

A private meeting between mediator and one party to explore issues confidentially.

Assessing the accuracy of one's perceptions and beliefs during mediation.

The assurance that discussions will remain private during mediation sessions.

Agreed-upon solutions that work for all parties involved in mediation.

Best Alternative to a Negotiated Agreement, representing the most favorable option if negotiations fail.

Worst Alternative to a Negotiated Agreement, indicating the least favorable outcome if negotiations fail.

Most Likely Alternative to a Negotiated Agreement, the most realistic fallback option if negotiations break down.

A technique to generate options for agreement through creative thinking.

The first stage of brainstorming where parties suggest possible agreements without filtering.

The second stage of brainstorming, assessing the feasibility and value of the generated ideas.

Separate meetings held with one side of a dispute to discuss strategies and options.

The exchange of information that enhances understanding and promotes resolution during mediation.

Communication expressed through body language, gestures, and tone.

Using images, graphs, and videos to convey information effectively.

Communication between two or more individuals, vital for relationships.

Fully concentrating and responding to the speaker to show understanding.

Using straightforward language to convey a clear message.

Understanding and sharing the feelings of others to build trust.

Variations in communication influenced by cultural backgrounds.

Obstacles that prevent clear exchange of information.

Questions aimed at gathering information and clarifying case perceptions.

Analysis of the parties' cases including evidence and potential judge views.

Methods used in negotiations to analyze different settlement alternatives.

Emphasis on identifying interests and overcoming rigid positions in negotiations.

Crucial interaction impacting conflict resolution and understanding.

Aims to convey messages for building relations, persuasion, etc.

Establishing and maintaining connections through communication.

Conveying feelings to create emotional connections.

Using communication to identify issues and find solutions.

Includes sender, message, medium, receiver, feedback, and context.

Involves spoken or written words for interaction.

Receiver's response indicating understanding of the message.

Remaining impartial and unbiased throughout the mediation process.

Outlining the main points made by a speaker accurately and neutrally.

Confirming understanding of the feelings expressed by the speaker.

Verbally recognizing what the speaker has said without agreeing or disagreeing.

External or internal factors that hinder attentive listening.

When a mediator takes on the role of an advisor or adjudicator.