Term
| The various types of conflict resolution |
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Definition
1. Avoidance: Party claims a position of neutrality, has fear of outcome, believes that agreement is not possible, or is uncomfortable with conflict of any kind.
2. Accommodation: Party agrees to meet the interests of another at the expense of his/her own needs.
3. Competition: Party strives for a win-lose outcome.
4. Compromise: Party uses compromise if he/she does not trust that a win-win is feasible and interests are not seen as mutually dependent or compatible. Parties are equal in power.
5. Collaboration: Party attempts to address the needs of all and works to enlarge the range of possibilities. |
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Term
| Define Conflict of interest |
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Definition
| _________ arises whenever the personal or professional interests of on party or person are at odds with another. |
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Term
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Definition
1. Not siding with one party or another.
2. Having no stake in a particular outcome, suggests that the parties are free to make their own decisions about how to resolve their conflicts.
3. Ignore any preexisting bias.
4. not siding with one party or another |
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Term
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Definition
| "ensuring that information is accessible only to those authorized to have access" |
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Term
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Definition
| (Best Alternative to a Negotiated Agreement) By considering one’s own BATNA, a party can decide whether it is better to negotiate or to select another alternative. |
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Term
| Principles of WIN-WIN negotiations |
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Definition
1. Separate the people from the problems; depersonalize the issues.
2. Be respectful, nonjudgmental and “easy” on the parties, while hard on the problems.
3. Forcefully stress principles, issues, and interests.
4. Help to put each party in the other’s shoes.
5. Avoid positions; focus on underlying principles, interests and needs.
6. Stress mutuality of common interests.
7. Focus on mutual problem solving, not adversarial approach.
8. Build on issues agreed upon; time already spent in the settlement process; and hard work put in by the parties to date.
9. Acknowledge problems directly where they exist |
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Term
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Definition
| refers to influencing decisions affecting the welfare or interest of another individual or group. |
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Term
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Definition
Principles of WIN-WIN negotiations
1. Avoid positions; focus on underlying principles, interests and needs. |
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Term
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Definition
Goal of changing people, cultures, and the world.
Transformation must be goal of at least one party
Based on high ideals and visions
Focus on empowerment and recognition |
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Term
| Ethical practices in mediation and advocacy: |
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Definition
Mediation:
Power Issues
Impartial and Ethical Practice
Confidentiality
Competence
Inter-professional Relations
Procedural Fairness |
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Term
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Definition
o Formal—uses rules of evidence
o Use of witnesses
o Presentation of evidence
o Expensive
o Role of neutral third party: Decision maker
o Filing of briefs
o Court reporter allowed
o Award is binding
o Decision based on right vs. wrong |
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Term
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Definition
• Informal
• Not adversarial
• May be voluntary or involuntary
• Confidential
• No witnesses
• Role of neutral third party: Facilitator
• Authority rests with parties
• Solution based on what satisfies all parties (not right/wrong) |
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Term
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Definition
• Interactions between two or more parties in conflict
• Examples:
• Advocate
• Arbitrator
• Judge
• Attorney
Types:
o Formal
o Informal
o Emergent
o Power-based
o Interest-based
o Transformative |
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Term
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Definition
• Combination of mediation and arbitration
• Used when mediation is not enough |
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Term
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Definition
Helping individuals advocate on their own behalf *
Educating about rights
Educating about how the system works
Educating about problem-solving |
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Term
| Mediator’s roles (neutral third party) |
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Definition
Understanding all sides
Clarifying positions and interests
Eliciting wants
Maintaining objectivity and neutrality
Modeling good communication
Able to be objective about the specific issues presented |
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Term
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Definition
Neutrality—is it really possible?
No dual relationship with parties
No bias toward parties or issues |
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Term
Conflict of interest Models
1. Arbitration |
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Definition
o Formal—uses rules of evidence
o Use of witnesses
o Presentation of evidence
o Expensive
o Role of neutral third party: Decision maker
o Filing of briefs
o Court reporter allowed
o Award is binding
o Decision based on right vs. wrong |
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Term
Conflict of interest Models
Mediation |
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Definition
• Informal
• Not adversarial
• May be voluntary or involuntary
• Confidential
• No witnesses
• Role of neutral third party: Facilitator
• Authority rests with parties
• Solution based on what satisfies all parties (not right/wrong) |
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Term
Conflict of intrest models
Negotiation |
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Definition
Interactions between two or more parties in conflict
• Examples:
• Advocate
• Arbitrator
• Judge
• Attorney
Types:
o Formal
o Informal
o Emergent
o Power-based
o Interest-based
o Transformative |
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Term
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Definition
• Combination of mediation and arbitration
• Used when mediation is not enough |
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Term
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Definition
Helping individuals advocate on their own behalf *
Educating about rights
Educating about how the system works
Educating about problem-solving |
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Term
| Mediator’s roles (neutral third party) |
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Definition
understanding all sides
Clarifying positions and interests
Eliciting wants
Maintaining objectivity and neutrality
Modeling good communication
Able to be objective about the specific issues presented
Limitations:
Neutrality—is it really possible?
No dual relationship with parties
No bias toward parties or issues |
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Term
| INTEREST-BASED NEGOTIATION |
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Definition
| parties strive to resolve their mutual interests rather than advance their individual rights or positions. |
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Term
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Definition
| premised on what the relevant laws prescribe. |
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Term
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Definition
process in which each party tries to
exert influence on the other in order to achieve a solution that meets his or her preferred outcomes or self-interests. |
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