Introduction
What is mediation?
A person not involved in the dispute helps the disputing parties talk about their problems and settle their differences.
What are the three major parts of telling a story?
Each party speaks
Mediator summarizes
Identify positions & Interests
What is the mediators goal with the parties perspective on what happened
To summarize the info from each party.
What happens in the revising and discussing step of mediation?
The mediator helps parties refine proposed solutions based on feelings and guides them toward a mutallz agreeable resolution.
What are the 3 main arts of reaching an agreement?
1 Mutual agreement
2 Written agreement
3 Enforcement plan
True or False: Can a mediator give legal advice?
False
Are you allowed to disrupt the other party when they are telling their side of the story
NO
During the step of identifying alternative solutions in mediation, what techniques can a mediator use to encourage creativity and collaboration between the parties to generate a wide range of potential solutions?
Brainstorming sessions, Reframing, and positive reinforcement.
Why do you need to revise and review solutions during
Revising and reviewing solutions during mediation is essential to ensure that the proposed resolutions are practical, equitable, and satisfactory to all parties involved.
Why must you always have a written agreement?
To have documentation on what the agreement was in the case any parties violated the agreement. Additionally it provides a clear and concrete record of the agreed-upon terms.
What conflicts can be solved through mediation?
They can solve disputes between husbands and wives, landlords and tenants, and consumers and businesses.
What is the purpose of summarizing?
Ensures understanding and shows empathy and that each party is heard.
How can the mediator help parties prioritize these solutions based on their feasibility and potential effectiveness?
The mediator helps prioritize solutions by establishing clear criteria, facilitating open discussions,and developing an action plan for implementation.
Why is it important for a mediator to revisit and discuss the feasibility of proposed solutions during mediation, and what techniques can be employed to ensure that the solutions remain adaptable to changing circumstances?
It is important for a mediator to revisit and discuss the feasibility of proposed solutions to ensure they are realistic, practical, and capable of addressing the core issues effectively.
What is the purpose of the enforcement plan?
So that the agreement includes consequences if a party fails to follow through.
What principle must both parties commit to uphold during the mediation process to ensure that discussions are constructive and resolutions are fair?
The parties must agree to mediate in good faith.
During Identifying positions and Interest what does the mediator do?
The mediator clarifies perspectives and to uncover underlying concerns.
How can a mediator facilitate the identification of alternative solutions that address both parties' hidden interests and long-term goals effectively?
By encouraging open dialogue, using probing questions to uncover underlying interests, and focusing on win-win solutions that align with both parties' long-term goals.
How can a mediator effectively address and manage the emotional resistance or reluctance of parties to revise and discuss solutions?
A mediator can address emotional resistance by validating feelings, using active listening, providing reassurance about the collaborative process, facilitating open and respectful dialogue, and emphasizing the long-term benefits of revising solutions to ensure that final agreements are realistic and mutually acceptable.
What are the key elements that should be included in a written agreement during the reaching agreement step of mediation to ensure clarity, enforceability, and mutual satisfaction?
A written agreement should include detailed terms, roles and responsibilities, timelines, contingency plans, enforcement mechanisms, signatures, review and revision clauses, and confidentiality clauses to ensure clarity, enforceability, and mutual satisfaction.
JK how many siblings does Nathaly have?
10
In the telling story step of mediation, parties are encouraged to share their perspectives on the conflict without interruption. How can a mediator effectively manage the emotional intensity that may arise during this step while ensuring that both parties feel heard and respected?
Active listening
Validating emotions
encouraging focus on interests
How can a mediator leverage the parties' differences in perspectives and experiences to collaboratively generate innovative solutions that neither party may have considered independently?
By fostering mutual respect, facilitating brainstorming sessions that highlight diverse viewpoints, and encouraging the integration of unique perspectives to co-create innovative solutions.
True or False: During the process of revising and discussing solutions in mediation, it is unnecessary to revisit solutions once the final agreement has been reached, as the initial solutions should suffice for long-term resolution.
False
In cases where parties reach an initial agreement, how can a mediator ensure that the agreement remains resilient and adaptable over time, particularly when external factors or changing circumstances may impact the feasibility and sustainability of the agreement?
incorporating review and revision clauses, encouraging open communication for addressing future issues, and establishing clear mechanisms for modification