Exam 6: Interest-Based Negotiation

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FEMINIST-INFORMED mediators warn that mediation may be inappropriate in some divorce situations because

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Identify three reasons that it is important to take culture into account during mediation. Explain your answers.

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Write a two to three sentence explanation of the process of BRAINSTORMING, as you might explain it to clients.

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Ronaldo and Venus seem to be headed toward court in a malpractice case. After discussing what they can do, other than going to court, they decide it is preferable to hire an arbitrator. Hiring an arbitrator in this case is their perceived

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Which of the following types of mediators tend to be LEAST DIRECTIVE with clients?

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What is the difference between a CONTRACTUAL MEDIATOR and an EMERGENT MEDIATOR? Provide one example of each type of mediator to show the difference between them.

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Traditionally, mediators were not selected because they were neutral, but because they were

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You want to take the summer off so you can travel. Your parents (or spouse) tell you that you should take summer classes so you can graduate early. Identify each of your underlying interests and describe how BRAINSTORMING could help you and your parents reach a win-win solution.

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Identify four main skills and activities that a mediator should use during the ORIENTATION TO MEDIATION PHASE.

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What is the difference between an ALTERNATIVE and an OPTION?

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At which phase(s) of the mediation process should a mediator screen for possible abuse or violence issues? Explain why it is important to assess for abuse or violence at the phase(s) you have identified.

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What is the difference between a need and an interest, and how might this difference be important in the mediation process?

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Two clients (husband and wife) are fighting over whether to keep the toilet seat up or down. What are their underlying interests and how might focusing on interests help them resolve their conflict?

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What factors should a mediator consider when determining whether to refer clients for independent legal advice?

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Write a three to four sentence description of how a mediator should explain the mediator's role to clients, including mediator NEUTRALITY.

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Describe how a negotiator could BUILD TRUST with a party who is not very reliable.

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Of the following situations, when is maintaining MEDIATOR IMPARTIALITY most challenging?

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Which of the following types of mediators tend to be MOST DIRECTIVE with clients?

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Which strategies from INTEREST-BASED negotiation would be most useful for a conflict in which the parties were stuck deciding between two possible solutions, neither of which could satisfy both of them?

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How would an INTEREST-BASED mediator define whether a mediation process was successful? What measures could the INTEREST-BASED MEDIATOR use to MEASURE SUCCESS?

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