Mediation Steps
First step in Mediation Process
What is opening and ground rules?
People(s) that are having a disagreement
What is conflict?
The reason why mediators cannot tell their friends about their mediation
What is confidentiality
When everyone is happy with the outcome
What is win-win
A client must ____ to mediation
The most important step in the mediation process
What is the restatement process?
Can be called when mediator sees fit
What is caucus?
The location of mediation
What is a neutral space
Disagreements among disputants
What is conflict
An unstructured question in which possible answers are not suggested and the respondent answers in own words (how, what, when, where, and why)
Only the person(s) in the conflict should be involved (aside from lawyers)
People in a conflict that need help solving it can use..
What is mediation!
The reason mediators restate what the disputants say
What is to check for accuracy or to define feelings?
You do this when you restate someone else's comments in your own words
What is paraphrasing?
What to say to a party who has been frequently interrupting the other party(s)
What is "~name here~, I can see you are very passionate about what is going on, but if we can let ~name here~ finish, it will be your turn to talk next".
Two examples of active listening skills
What is eye contact and body language?
Why is it important that your client understand your role in mediation?
What is in mediation, the advocate may not be as zealous as one would expect with only knowledge of litigation. This may cause the client to think you are not after their best interest, although that is not the case.
What we can do no to solve the problem is a form of
What is a solution?
The disputant(s) are distracted by something internal or seem distant, you...
a) ask if they are ok and if it relates to the mediation
b) continue, they might just be having a bad day
What is A?
if something is not right and it affects how they are acting ask if they are ok and want to talk about it, or if it's relevant
Someone who mediates a conflict
What is a mediator
The first question you ask the disputant
What is their point of view of the story?
The most important thing to know about the people you are mediating for
What is their goals and interests?
The ground rules of mediation
What are no name-calling, no interrupting, being honest or agreeing to try and solve the problem?
Putting the first offer on the table to establish a point of reference and gain a psychological advantage
What is anchoring?
True or False, it is okay to not have a solution by the end of the mediation
What is True