What kind of process is mediation? (make sure nobody is forced to be there)
Voluntary process.
100
What do both parties get to do in stage 2?
Have uninterrupted time to explain why they are there today, what their issues are, needs, etc.
100
What is Stage 3? the ________ Stage
Problem-Solving
100
What is the goal of stage 4?
To create written commitments which will resolve issues.
200
To be an impartial facilitator, not an advocate or judge. To assist parties in arriving at their own solutions
What is the role of the mediator
200
One party's concern, desire, underlying need, motivation, or explanation
What is the interest?
200
Using questions to create doubt about positions is one way of doing this type of testing
What is reality testing
200
Which of these should the agreement not be?
-specific
-signed
-unrealistic
-balanced
-should not be unrealistic
300
-to mediate in good faith
-be willing to listen
-share all pertinent information
What is the role of the parties
300
One party's proposed solution to an issue
what is position
300
The right of the parties to reach their own agreements without inserting your own opinions or beliefs.
What is self-determination
300
Re-frame this potential negative agreement statement:
"John won't pick up the children later that 5."
"John will pick up the children by 5"
400
Name two objectives of Stage 1?
1.ensure the parties complete understanding
2.review the "mediation consent form"
3.Obtain their commitment to continue
400
What the dispute is about.
-the subject under discussion or negotiation.
-what the problem is that needs to be solved
What is the issue?
400
Give 2 of the many reasons you may use an independnt caucus.
-To get additional information
-to deal with intense emotions
-reality testing
-exploring solutions
-addressing power and security issues
400
Name 2 things missing, or inadequate from this agreement statement:
"John and Lisa will meet up on Tuesday April 24th at Giant so John can pay Lisa the $300."
-How will John pay Lisa the $300?
-Which Giant will they meet at?
-What time will they meet?
500
Name the other 3 Legals:
1.
2.
3.
4.Each party should have any draft agreement reviewed by independent counsel.
1. Mediator does not provide legal advice.
2. A mediated agreement may effect the legal rights of the parties.
3. Each party has the opportunity to consult with legal counsel.
500
Name 2 objectives/goals of stage 2.
-Understand each party's interest, including common ground
-Allow all parties to be heard, and to hear each other
-Identify the issues to be resolved
500
Name one goal/objective of stage 3 Problem-Solving.
-to generate and evaluate options
-to reach tentative agreement
500
Which of these is not included in the opening paragraph of a negotiation?
-parties
-issues
-agreement of intent to do the following
-each parties horoscope for that day