Mediation/Conciliation Definition and Features
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Questions and Answers

Mediation is a ______, party-centered, and structured negotiation process

voluntary

Mediation is a type of alternative dispute resolution.

True (A)

Which of the following are key features of mediation? (Select all that apply)

  • It is a quicker alternative to litigation. (correct)
  • It aims to determine the value of claims.
  • It often involves a penalty for failure.
  • It encourages open communication. (correct)
  • It is typically mandatory.
  • It involves a neutral third party. (correct)

What are the four functional stages of mediation?

<p>Introduction and Opening Statement, Joint Session, Separate Session and Closing</p> Signup and view all the answers

What is the purpose of a mediator's opening statement?

<p>To establish guidelines for respectful communication, explain the mediation concept, process, roles, and advantages, and ground rules to parties in a clear and understandable manner.</p> Signup and view all the answers

What is the main goal of a "joint session" in mediation?

<p>to allow members from two or more groups to come together to discuss or collaborate on specific topics.</p> Signup and view all the answers

What does "reality testing" refer to in mediation?

<p>The mediator involves in assessing the accuracy of parties' perceptions, thoughts, and beliefs about the external world.</p> Signup and view all the answers

What are the three techniques used in "reality testing"?

<p>Asking effective questions, Discussing strengths and weaknesses of parties' cases, and considering the consequences of failing to reach an agreement.</p> Signup and view all the answers

BATNA/ WATNA/ MLATNA analysis encourages parties to explore several creative options for settlement.

<p>True (A)</p> Signup and view all the answers

What is the definition of brainstorming?

<p>Brainstorming is a technique used to generate options for agreements. It involves two stages: creating options and evaluating options.</p> Signup and view all the answers

What are the four steps involved in closing a mediation session?

<p>Confirm settlement terms orally, reduce terms to writing, sign them by all parties and legal representatives, and congratulate parties on reaching a settlement.</p> Signup and view all the answers

Communication is crucial in mediation as it helps to enhance understanding, build trust, promotes collaboration and influences conflict resolution.

<p>True (A)</p> Signup and view all the answers

What are the six key elements of communication? (Select all that apply)

<p>Context (A), Sender (B), Feedback (D), Receiver (E), Medium (F)</p> Signup and view all the answers

Which of the following is an example of non-verbal communication? (Select all that apply)

<p>Facial expressions (C), Body language (D)</p> Signup and view all the answers

Active listening is one of the key communication skills in mediation.

<p>True (A)</p> Signup and view all the answers

What are some of the barriers to active listening in mediation?

<p>Distractions, inadequate time, pre-judging, blaming/guilt, absent-mindedness, role confusion, arguing/imposing own views</p> Signup and view all the answers

Which communication skill involves remaining impartial and unbiased throughout the mediation process?

<p>Neutrality (D)</p> Signup and view all the answers

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Flashcards

Mediation

A voluntary, party-centered negotiation process where a neutral third party helps resolve disputes.

Voluntary Process

Participation in mediation is optional; parties can withdraw anytime.

Neutral Third Party

An impartial facilitator who assists parties without making decisions.

Confidentiality in Mediation

Discussions in mediation are usually confidential, encouraging open communication.

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Joint Session

A meeting where all parties discuss their cases together.

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Separate Session

A private meeting where parties talk with the mediator independently.

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Reality Testing

A technique to assess the validity of claims and perceptions in mediation.

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BATNA

Best Alternative to Negotiated Agreement; what parties will do if no agreement is reached.

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WATNA

Worst Alternative to Negotiated Agreement; the worst outcome if no settlement is made.

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MLATNA

Most Likely Alternative to Negotiated Agreement; the most probable outcome without a resolution.

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Brainstorming

A technique to generate creative options for agreement during mediation.

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Active Listening

Fully concentrating, understanding, and responding to what is being said.

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Empathy

The ability to understand and share the feelings of others.

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Clarity and Conciseness

Expressing thoughts clearly and directly in communication.

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Non-Verbal Communication

The use of body language and facial expressions to convey messages.

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Feedback

Response from the receiver indicating understanding of the message.

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Cultural Transmission

Communication preserves and passes cultural values to future generations.

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Barriers to Effective Communication

Factors that hinder the clear exchange of information, like language or cultural differences.

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Group Communication

Interactions within groups that require collaboration and coordination.

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Distractions

External or internal factors that interrupt effective listening.

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Role Confusion

When a mediator steps outside their role, becoming an advisor or judge.

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Summarizing

The technique of outlining main points made by a speaker to ensure understanding.

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Reflecting

Confirming to a speaker you have heard and understood their emotions.

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Re-framing

Helping parties shift focus from positions to underlying interests for solutions.

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Acknowledging

Verbal recognition of what a speaker has said without agreeing or disagreeing.

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Effective Questions

Using open-ended and probing questions to elicit deeper insights.

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Clarity in Written Agreement

The written settlement should be clear and free from legal jargon.

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Closing Stage of Mediation

Finalizing the settlement terms once agreement is reached by all parties.

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Study Notes

Mediation/Conciliation Definition and Features

  • Mediation is a voluntary, structured negotiation process where a neutral third party helps parties resolve disputes using specialized communication and negotiation techniques.
  • Mediation is an alternative dispute resolution (ADR) process, aiming to resolve conflicts without litigation.
  • Key features include voluntary participation, a neutral third party facilitator, and confidentiality.

Mediation Process Stages

  • Mediation typically follows four functional stages: introduction and opening statement, joint sessions, separate sessions, and closing.
  • Introduction/Opening Statement: Mediator introduces themselves and explains the process, including confidentiality and ground rules.
  • Joint Session: All parties meet to present their perspective, cases, and legal points.
  • Separate Session: Parties meet individually with the mediator to discuss concerns and explore options.
  • Closing: If a settlement is reached, terms are formalized and documented.

Communication in Mediation

  • Communication is the core of mediation, involving information exchange, facilitating understanding, and building trust.
  • Effective communication includes verbal and non-verbal communication, actively listening, showing empathy, and clarity.
  • Key elements include sender, message, medium, receiver, feedback, and context.
  • Barriers to communication include language or cultural differences, emotions, physical barriers, and perceptions.

Communication Skills in Mediation

  • Active listening, empathy, clarity and conciseness, neutrality, and questioning techniques are crucial.
  • Active listening involves paying attention, understanding, responding, remembering what is being said.
  • Empathy means understanding and sharing feelings of others.
  • Clarity and conciseness involve expressing thoughts and ideas clearly and directly.
  • Neutrality is maintaining bias-free impartiality.
  • Questioning techniques involve asking effective, open-ended questions to elicit further information and perspectives.

Active Listening Techniques

  • Summarizing: Outlining key points made by a speaker accurately using neutral language.
  • Reflecting: Reflecting feelings and emotions to confirmation understanding.
  • Reframing: Helping parties move from their positions to exploring interests and solutions.
  • Acknowledging: Recognizing what a speaker has said without agreeing or disagreeing.
  • Defeering: Postponing a topic for discussion in a later session.
  • Encouraging: Supporting and reassuring parties during communication.

Barriers to Effective Communication/Active Listening

  • Communication barriers include distractions, (external or internal), pre-judging, lack of time, absentmindedness, role confusion, imposed views.

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Mediation: Definition, Features, and Process PDF

Description

This quiz explores the definition, features, and stages of the mediation process, a key method in alternative dispute resolution. Learn about the roles of mediators, the importance of voluntary participation, and the structural stages involved in mediation. Test your understanding of this essential conflict resolution strategy.

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