different types of conflict resolution
litigation/adjudication, arbitration, med-arb, informal peacemaking
basic history
China: confucianism
Africa: Moot, neighborhood meetings
Quakers: religious figures as mediators
20s-50s: required to strike
60s-70s: distrust of man led to growth of mediation, organizations
70s-80s: no fault divorce*, child, custody, victim offender prog
legal requirements
25 hours, 10 lectures, 10 hours of role play; DRPA law, history + relationship to justice system, structure of CA justice system(civil/criminal cases), neutrality, binding/non agreement, privacy, confidentiality, stages of mediation, listening/clarificati
certification
a process of verifying that an individual has met specific professional standards, implies there is a regulatory of professional standards agency which has set standards for practice and which serves the public good by conferring certification that an ind
types of mediation programs in CA
uni degree (conflict resolution), uni certificate, training wkshps + certificate of completion, by organization (from mediate.com does not work)
pros of certifying mediators
-set of standards which serves public good bc they know person is held those standards
-possible requirements for ongoing training
-well versed in what they're doing
cons of certifying mediators
-hard to compare training backgrounds of diff ones for disputant to make informed selection
-dilemma for consumer
-in CA, nowhere to do it except for family court
5 stages
-opening
-storytelling & issue id
-agenda building
-negotiating & problem solving
-testing/writing settlement agreements + closure
goals of stage 1
-establish safe environment
-build rapport/trust
-establish ground rules
-seek commitment from both parties
goals of stage 2
-gather info from storytelling
-validate/manage concerns + feelings
-id all issues
-help talk to each other/understand experiences
-focus on facts + relevant info
-verify agreement before next stage
goals of stage 3
-succinct summary of issue
-id + seek goal clarification
-list ALL issues to be negotiated
-verify agreement before next stage
goals of stage 4
-id order on which issues will be addressed
-help parties id options for settlement that meet each party's goals
-help find fair/realistic solution
-verify all solutions are acceptable to both
goals of stage 5
-put agreement in writing
-list each issue or solution agreed upon + test for specificity/workability
-both read/sign agreement
-thank/compliment parties for cooperation & accomplishments
behaviors of stage 1
-welcome/intro
-explain mediator role
-explain process + goals
-assure confidentiality, privacy, + neutrality
-establish ground rules
-ask parties if have qs/concerns
behaviors of stage 2
-first talk to mediator only
-decide/agree who will speak first
-each storytell + feelings
-qs/paraphrases to clarify
-ask how they've comm about it
-id similarities, shared interests, areas of agreement
-ask parties to paraphrase/restate what other said
behaviors of stage 3
-sum probs + goals first
-ask to verify own interp, write goals/problems
-collab to write down all issues
behaviors of stage 4
-order issues, treat separate/together
-ask each about fair soltn
-take issues 1by1, generate options, asses each goals/interests
behaviors of stage 5
-agree from both parties
-precise, pos, clear, balanced sltn
-use "we" lang
-ask how manage if happens again
-sum up all points of agreement
-specify method of follow up to verify terms of settlement have been followed
TRIP
-topic, or content of conflict
-relationship, who + how they relate
-id, self image; includes face
-process, how conflict is expressed
content
relates to substance of dispute
"I hear you saying... is that correct?
emotion
feelings of a disputant
"you seem really upset
reframing
refocuses message to highlight one specific element
open question
no exact answer, allow to determine what info is important; a choice
closed question
yes/no answer, designed to probe for facts/additional details
reframing positions to interests
make info more usable while affirming general intent of comment, change into general issues for exploration
perspective taking
using interactional qs to help one disputant see conflict from other's (empathy), goal is to find common ground
"If you were John, how do you think you would react if you found you car tires slashed?
I message
take ownership for one's thoughts/feelings instead of blaming or attacking
-I feel (say how you feel)
-When you (describe the specific behavior)
-Because I (describe the effect of the person's behavior on you)
-And what I want (what would make the situati
issues
what conflict is about
positions
side one takes in a conflict
interests
what we want or need out of a conflict (interpersonal needs)