Conflict Res final vocab

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Conflict Res final vocab
2012-05-02 00:11:35
Conflict Res final vocab

Conflict Res final vocab
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  1. coaching
    • a dispute resolution option for those who are unable to unwilling to engage in mediation.
    • should be integrated with other approaches.
  2. mediation
    • helps the parties negotiate to reach agreement.
    • Facilitate the parties to a dispute to reach an agreement themselves.
  3. advantages to mediation
    • promotes a mutual stake in resolution
    • solutions more likely to be integrative and creative
    • help parties meet interests rather than fight over positions
    • cheaper than arbitration and adjudication
    • parties more satisfied after
  4. limitations to mediation
    • not all conflict parties agree to work through conflict with the enemy
    • if someone thinks they can win in court, less likely to choose mediation
    • may not be appropriate for certain relationships
  5. victim/offender restitution
    specialized form of mediation designed for cases in which someone is guilty of a crime.
  6. “shuttle diplomacy”
    Keeping parties separate and going back and forth with proposals.
  7. adjudication
    process where parties present their case before a judge or jury.
  8. advantages of adjudication
    • allows everyone access to a resolution process and doesn’t require agreement of other party.
    • Provides rules for fairness.
    • Use of professionals to speak is an advantage for parties who need assistance in preparation or presentation of the case.
    • Backup for other conflict procedures.
  9. limitations of a adjudication
    • has been overused and is now overburdened and misused
    • conflict parties don’t make own decisions
    • adversarial system operates on a win/lose set of conflict assumptions that encourages escalation tactics.
  10. arbitration
    each party presents its portion to the arbitrator who makes a ruling on either a single issue or on a package of issues.
  11. advantages of arbitration
    • clear solution made available to parties
    • solution may be mandated on them
    • arbitrators usually selected b/c theyre wise, fair, and impartial
    • costs of prolonging the dispute are avoided.
  12. limitations of arbitration
    • parties relinquish control over shaping the outcome so solution might not be one they would prefer
    • arbitration is voluntary they may lose face if they decide not to follow the arbitrator’s recommendation
    • decision acceptance effect
    • chilling effect
    • narcotic effect
    • half life effect
    • biasing effect
  13. decision acceptance effect
    – less commitment to an arbitrated resolution
  14. chilling effect
    – parties may behave differently if they believe they may go into arbitration
  15. narcotic effect
    - parties with a history of arbitration tend to lose interest in tring to negotiate
  16. half life effect
    – results of more and more arbitration are less and less satisfaction with the outcome
  17. biasing effect
    – arbitrators may be perceived not to be neutral and impartial but biased.
  18. mediators
    need to be seen as neutral, impartial, unbiased.
  19. process consultants
    serve as counselors who focus on the process of negotiation
  20. ombudsman
    trained in problem solving, dispute avoidance, negotiation, and dispute resolution.
  21. high control of process and outcome
    • style is inquisitorial or autocratic
    • most common among managers
    • used when issues are minor, quick decision needed
  22. high outcome control, low process control
    • most like arbitration style
    • manager listens to both sides, makes little effort to get more info, ask questions or structure the process other than rendering a decision
  23. low process and outcome control
    manger is more like a parent telling them to work it out
  24. high process control, low outcome control
    most like mediation, more managers are learning to use this approach
  25. FMCS and AAA
    • federal mediation and conciliation service and American Arbitration Association
    • assist in organizational conflict
  26. ADR
    Alternative dispute resolution
  27. Forgiveness
    • Injured person without rquest of the other releases negative feelings and no longer seeks to hurt – has emotional and psyc benefits.
    • Does not dismiss or minimize an event or situation
    • Decision and a process
    • Does not obligate one to reconciliation nor necessitates it
    • Not indifferent about justice
    • Invites us to consider a future that is not a reaction to the past
  28. Reconciliation
    Process of reestablishing relationship, renewing trust, settling differences to that cooperation and a sense of harmony are restored.
  29. Imbalance of power
    People in positions of greater authority expect those with less power to forgive.
  30. Forbearance
    To refrain from revenge or punishment after someone has hurt us or transgressed against us.
  31. evaluative mediation
    – evaluating civil lawsuits; listens to both sides and helps communication then goes to one side in private and shows them where their weaknesses and how they might want to change their strategy (more what attorneys would do)
  32. SME
    • – subject matter expert
    • In a dispute about real-estate youd want someone who knows a lot about real-estate
    • used in evaluative mediation or trial psychology
  33. Non-binding evaluation
    • – doesn’t have any sort of weight of law behind it
    • used in evaluative mediation or trial psychology
  34. Settlement conference
    – when a judge gets the parties together at the same time in the same room and talk about sticking points outside court to try to settle a case.
  35. Facilitation
    – managing a conversation; getting different groups together involved in an issue and having a productive conversation; (Dallas ISD board meetings) sometimes referred to as “true mediation”
  36. Conciliation
    – not necessarily trying to solve a problem or disagreement; getting people who have a lot of strong negative feelings and distrust between each other to coexist better and be able to in the future.
  37. Transformative mediation
    – taking the opportunity in current conflict to allow the parties to transform themselves by the end ; growing the parties from the conflict; having empowerment, recognition, responsibility, rights
  38. Problem definition
    narrow or broad – what do we do to solve this problem today vs what are the ongoing issues that may have led to this disagreement. (forest vs trees)
  39. Role of mediator
    Facilitate or evaluate
  40. Narrow facilitative
    • – focus on specific issues at hand not ongoing relationship and issues, also facilitating communication between the parties to try to get them to talk
    • one possible role of a mediator
  41. Narrow evaluator
    • – looks at specific issues in this case, finds strengths and weaknesses, not ongoing issues but immediate ones (tends to be the fastest)
    • one possible role of a mediator
  42. Broad facilitator
    • - looking at bigger picture things, attending to relationships and getting parties to communicate (tends to take the longest)
    • one possible role of a mediator
  43. Broad evaluator
    • – looking at bigger picture and things besides specific facts at hand
    • one possible role of a mediator
  44. Caucus
    – separating the parties into different rooms (for instance after seeing the attorneys perform power plays)
  45. Refocusing
    – parties may be too wrapped up on an issue that they block out bigger issues or other issues
  46. Benefits of involving 3rd parties
    • Creating breathing room, reflection space
    • Re-establish/enhance communication – translating something toxic into something more productive
    • Refocusing on issuesrepairing strained relationships
    • Setting time limits, deadlines
    • Keeping people committed to the process
    • Increased satisfaction with the whole conflict resolution process
  47. Family/domestic
    – custody of children during divorce/ how to split things in separation
  48. Business/organizational
    – used in a corporate setting
  49. DR (dispute resolution) system design
    – educating the users, knowing what the chain of command is for filing complaints
  50. Executive coaching
    – coaching them how to respond to conflict; consulting the boss
  51. Labor/employment relations
    – going to be more union based and management based trying to figure out a contract for them so the union provides for the company but is protected.
  52. FMCS (federal mediation services)
    – government steps in when there’s an impasse between management and unions
  53. Ombudsman
    – organizational conflict professional; face of CR for the company; org conflicts many times benefit from keeping things in house
  54. BA/MA
    – some schools offer degree in peace studies or justice studies.
  55. Graduate certificate
    – half a graduate degree; 6 courses or so
  56. JD/LLM
    – many mediators come from here; LLM = master’s degree in law, not sufficient to practice law; JD allows practice
  57. Degree
    – granted by an institution; no specific state license
  58. License
    – granted by the state that allows you to practice such as for therapy; typically a master’s degree; exam by the state for the license; different restrictions for different licenses; cannot choose not to get it if you want to counsel
  59. Credential
    – organization that recognizes certain educational and experiential things that qualify you to work; can choose to do this if you want to
  60. Memorandum of understanding
    - contract b/t 2 parties where you agree what the parties will do to resolve the conflict; parties decide to follow it and do what it says under penalty of contract/ the law
  61. UPL
    – unauthorized practiced of law = illegal; cannot practice law without a license to do so; if you give someone legal advice and are not an attorney you can be penalized for unauthorized practice of law.
  62. Advantages to mediation:
    • you control your own outcome; mediator will not tell you what to do or what the outcome will be
    • (no guarantee of getting an outcome)
    • Integrative solutions
    • Quality of consent
    • tends to be higher with this than arbitration
    • People more satisfied with the process
    • Mutual stake in the outcome – nobody agrees to anything unless both agree
    • Good at preserving relationships
  63. Quality of consent
    – psychological ownership of your agreement; feeling like it is your agreement; tends to be higher with this than arbitration
  64. Initial client contact
    – trying to contact people who’ve filed a lawsuit or a business complaint; setting the stage
  65. Introductory stage
    – setting expectations
  66. Opening statement
    – introductions, explaining guide rules
  67. Initiating party (IP)
    – usually goes first but can flip a coin
  68. Responding party (RP)
    – the person being mediated against
  69. Issue clarification
    – try to figure out what issues may be sticking points
  70. Productive clarification
    – actually trying to work out what the sticking points are
  71. Agreement consummation
    – agreements may fall apart when they are being formed (UPL could be an issue)
  72. Debrief and referral
    – after everyone has agreed to everything you make them go over everything that happened;
  73. Facilitative tactics (of the mediator)
    • Structuring the negotiation – what will be done when, what will be done on a given day
    • Improving communication
    • educating
    • Handling emotions – might be dealing with people who have a lot of hurt feelings against each other and haven’t possibly seen each other for months
    • Maintaining dispute motivation
  74. Evaluative tactics
    • Instilling doubt – evaluative mediators do this
    • Case evaluation
    • Caucusing – separating the parties into different rooms and gathering information from both
  75. Med-arb
    • – you as a third party try to work with the parties to come an agreement on their own they negotiate until they cant agree anymore and then switch roles to arbitrator to make a decision; can be ethically questionable
    • form of arbitration
  76. High-low
    • – looking at the offers and deciding which offer/side youre gonna go with; trying to get parties within a range where theres PCG and then the arbitrator selects something within the range
    • form of arbitration
  77. Final offer
    • – arbitrator selects one side’s final offer when nothing seems to be changing anymore
    • form of arbitration
  78. Night baseball
    • – you come up with what you think the solution should be and then pick the side/party’s solution you think is closest to that solution.
    • form of arbitration
  79. Trial psychology
    – tends to be a combo of psychology and law; how dr phil got famous – jury selection; was initially jury selection and then became more service.
  80. Change of venue
    • - saying your client cant get a fair trial with this jury pool because you cant get an impartial trial
    • Before the trial
  81. Voir dire (pronounced “vooa, deer”)(tends to be social, personality, forensic psyc)
    • – wanting to get the jury full of people who support your side;
    • during the trial
  82. Shadow jury
    • – finding people to go to the trial and take notes then debrief them, hire people to come watch the trial on a live feed as a jury member.
    • during the trial
  83. Eyewitnesses
    • – trying to find a way to get eyewitnesses to testify in a way that help your side; psychologists may serve as eyewitnesses themselves
    • during the trial
  84. Human factors
    • – human/computer interaction - making sense of info you get from technology;
    • during the trial
  85. Dueling experts
    – sides trying to find the most impressive expert they can;
  86. Forgiveness
    – giving up the right to retaliate
  87. Transgression
    – doing something wrong but that doesn’t violate the relationship
  88. Betrayal
    – violation of the personal relationship
  89. Injured innocence
    • – starting to question everything in your life;
    • e.g. Thinking marriage was this sacred thing that was supposed to last forever and your partner was never going to hurt you and they just hurt you
  90. process of forgiving
    • injured innocense
    • decision phase
    • obsession
  91. Decision phase
    – considering forgiveness as an option
  92. Obsession
    – constantly reliving the event, reliving whats happened and everything that was said
  93. Compelled apologies
    – someone said you had to do it so they seem empty
  94. Expedient apology
    –a preemptive apology, rather than the situation getting out of hand I’d like to go ahead and give an apology, I’m not apologizing because I’m sorry or want to heal the hurt I’ve caused you or want to admit liability, apologizing about the situation itself, with no admission of guilt
  95. Delayed apologies
    – waiting a week or two up to decades before apologizing; intentionally waiting or having a descendent apologize for a family
  96. Infidelity – coping with it (specific to infidelity but works with any betrayal)
    • Improve the relationship (with spouse)
    • Interfere with rival relationship
    • Mate guarding - confronting interfering person; threatening other person, violence against the other person
    • Demand commitment
    • Derogate partner or rival
    • Developing alternatives to current relationship
    • Denial
    • Self assessment
    • Seek social support
  97. Paternity certainty
    Men more willing to forgive emotional infidelity and break up after physical infidelity
  98. Mate poaching
    getting involved in an already existing relationship to try to take away a partner from that other relationship to be yours
  99. Resource extraction
    • Short term – spending lots of money on you on a first date
    • Long term – financial stability, steady job, careful with materials, has skills to work, well educated
  100. Accidental affair
    – one was not seeking an affair, not intending to cheat, it just happened, opportunity factor is explicit and significant.
  101. Philandering
    – actively seeking to find a partner other than your spouse
  102. Romantic affair
    – don’t want current relationship to necessarily end, they just found someone else they want to be with (like polygamy
  103. Attributional conflicts
    – having a disagreement over not the conflict itself but why the conflict happened.
  104. Relationship enhancing
    – couples that deal with conflict better, not dismissing the behavior but using more external reasons why a behavior happened instead of internal reasons blaming the person
  105. Distress maintaining
    – couples or people tend to point fingers more, accuse more, assume more negative things
  106. Profiling
    – using info about a person to predict behavior
  107. Guided professional judgement
    – trying to develop warning signs and checklists;
  108. Making a threat
    • people who make threats are less likely to follow through with them than those who pose threats
    • o Making a threat doesnt necessarily mean they pose one
    • o Person can make and pose a threat