Mediation Process

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Author:
kdawson11
ID:
208392
Filename:
Mediation Process
Updated:
2013-03-20 01:19:40
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mediation law school nebraska
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Flashcards for the Mediation Process in Nebraska
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  1. What are the 8 Steps in the Nebraska Mediation Model?
    • (Mediator) Introduction
    • (Parties') Opening Statements
    • Clarification
    • Issue & Interest Identification
    • Agenda Setting
    • Option Generating
    • Decision Making
    • Closure
  2. What is the ROLE of the Mediator?
    • Neutral; 
    • Impartial;
    • Provides opportunities for parties to communicate;
    • Creates an atmosphere for problem solving;
    • Facilitator who manages the problem solving procedure;
    • Helps the parties recognize the interests of others involved in the dispute;
    • Reality tester
  3. What should be discussed during the FIRST STEP of the Nebraska Mediation Process?
    • INTRODUCTION
    • Greetings, introductions and congratulations
    • Explain Mediation Process (voluntary, informal, mutually acceptable agreement)
    • Explain Role of Mediator (facilitator, neutral, impartial, no legal advice)
    • Qualifications
    • Discuss (confidentiality, breaks, restrooms, time frame)
    • Ground Rules
    • Questions
  4. What is involved in the SECOND STEP of the Nebraska Mediation Process?
    • OPENING STATEMENTS
    • "Now I would like to hear from each of you briefly, one at a time, what brings you hear today and how it affects you."
    • "Party 1, from your perspective, briefly tell me about the situation that brought you here today." Party 1 Statement
    • "Thank you. Party 2, from your perspective, and not in response to Party 1, briefly tell me about the situation that brought you here today." Party 2 Statement
    • "Thank you"
    • Summary - "As I understand it, you feel this way about the situation..." or "I hear you saying..."
    • LISTEN FOR ISSUES/INTERESTS
  5. What does the THIRD STEP of the Nebraska Mediation Process involve?
    • CLARIFICATION
    • Open-Ended Questions ("Tell me about..."; "Could you explain that further"; "What will this mean for you"; "Could you give some examples of what you mean"; "How did that impact you"; "What was that experience like for you"; "Describe for me...")
    • Closed-Ended Questions ("Are you essentially saying..."; "Let me see if I've got this correct...")
    • TOOLS: Listening - Questioning - Summarize - Acknowledge - Re-framing - Silence
    • LISTEN FOR ISSUES/INTERESTS
  6. What is discovered in the FOURTH STEP of the Nebraska Mediation Process?
    • ISSUE & INTEREST IDENTIFICATION
    • "Let me see is I can state the issues that are important to you and your interests that need to be met."
    • Positions: Wants, Demands, Their Solution (SITting on my demand)
    • Issues: Topic or problem raised by the parties (What IS the problem to be addressed?)
    • FRAME the Issue in a neutral way; like a file folder
    • Interests: Needs, Concerns, Motivations (What is the INner human need?) - Iceberg below the surface
    • WHY is it (the issue/problem) important to the party?
  7. Explain the FIFTH STEP of the Nebraska Mediation Process?
    • AGENDA SETTING
    • Determine the order of the issues
    • Frame issues with interests using a problem solving statement
    • i.e. How to address the rent (issue) so that the landlord's need for financial security (interest) and the tenant's need for responsiveness (interest) are met.
  8. What should be discussed during the SIXTH STEP of the Nebraska Mediation Process?
    • OPTION GENERATING
    • Explain the brainstorming process
    • Give rules (i.e. do not discuss or judge the idea)
    • Reintroduce options stated earlier in the process and parked
    • Evaluate options in light of interests
    • Reality testing is for later, get as many options as possible out in the open
  9. What is involved in the SEVENTH STEP of the Nebraska Mediation Process?
    • DECISION MAKING
    • Ask parties to identify the ideas that seem to have the best possibilities of working
    • Evaluate the identified options
    • Reality test the options
    • If an an agreement is reached, plan agreement writing: when, format used, time frames, plans for review
    • BATNA - Best Alternative to a Negotiated Agreement
    • WATNA - Worst Alternative to a Negotiated Agreement
    • PATNA - Probably Alternative to a Negotiated Agreement
  10. What occurs during the FINAL STEP of the Nebraska Mediation Process?
    • CLOSURE
    • Review what was accomplish
    • Compliment and thank the parties (no matter if you reached an agreement or not)
    • Remind parties of the next steps, if applicable
    • Have parties complete the session evaluation

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