List at least one characteristic that should alert a mediator that it’s time to end “the exchange.” (assuming that the parties are mediating in a professional, relatively calm manner)
Before the mediation, when you are talking to one of the pot…
Before the mediation, when you are talking to one of the potential parties, you can (in their presence) treat their concerns as facts, as this will help gain trust with the party.
When using option generation to form an agreement, list and…
When using option generation to form an agreement, list and describe one example of how an agreement can actually be based on DISAGREEMENTS (or DIFFERING INTERESTS) between the parties.
If conducting a brainstorming session during option generati…
If conducting a brainstorming session during option generation, if you see a potential flaw with an option proposed by one of the parties, to keep the session on track, you should immediately pause the brainstorming session and communicate where you believe there is a flaw.
Fill in both blanks with your answer, as discussed in class:…
Fill in both blanks with your answer, as discussed in class: Litigation is a ______________ solution to a _____________ problem.
Answer the following question with the missing word. _____…
Answer the following question with the missing word. ______________ is essential to any mediation and must be established quickly and maintained throughout the process.
Kim and Jessica are in a car wreck. Kim sues Jessica. Jessi…
Kim and Jessica are in a car wreck. Kim sues Jessica. Jessica wants to get photos of the car wreck from Kim (or wants Kim to bring the car to Jessica’s lawyers so they inspect the car). Which of the following documents does she need to use:
When one of the parties to a mediation alleges “general” neg…
When one of the parties to a mediation alleges “general” negative statements, it is good mediator practice to ask them for examples.
To have _________________, it means not having any interest…
To have _________________, it means not having any interest or benefit in the outcome of the case. Mediators must remain impartial in order to facilitate trust and keep the process moving forward.
If mediator and parties can’t get past a certain point and h…
If mediator and parties can’t get past a certain point and have no agreement, it is called: