midterm

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)