Mediation & Third-Party Facilitation Flashcards

A facilitator using the 'Mutual Gains Approach' (MGA) would FIRST prioritize which step?

Answer: Separating people from the problem and identifying each party's underlying interests

The Mutual Gains Approach, rooted in interest-based negotiation, begins by understanding what each party truly needs before crafting solutions.

Which of the following describes 'process neutrality' as distinct from 'outcome neutrality' in mediation?

Answer: The mediator manages the process fairly without favoring either party, while the substantive outcome is determined by the parties

Process neutrality means the mediator controls the procedure impartially; outcome neutrality means the mediator does not dictate what the parties agree to.

When a mediation results in impasse, the most constructive next step a facilitator can recommend is:

Answer: Adjourning to allow parties to reconsider positions and scheduling a follow-up session

A short adjournment often allows emotions to settle and parties to consult advisors, frequently enabling renewed progress.

The 'convoy' effect in multi-party facilitation refers to:

Answer: The tendency for parties in a coalition to move only as fast as the most reluctant member allows

In multi-party settings, the slowest or most resistant coalition member determines the pace of the entire group's progress.

A facilitator dealing with a power imbalance between a large corporation and an individual claimant should:

Answer: Ensure the process is structured so the weaker party can participate fully and make informed decisions

Addressing power imbalance requires structural process adjustments — not taking sides — so informed, voluntary consent remains possible.

In environmental and public policy disputes, facilitation often relies on 'consensus building,' which requires:

Answer: A process where all stakeholders work toward solutions acceptable to the entire group, addressing core concerns of each

Consensus building in public disputes seeks packages acceptable to all relevant stakeholders, not perfect unanimity on each point.

Which of the following BEST explains why 'apology' is often a powerful tool in facilitated dispute resolution?

Answer: Apologies address non-monetary emotional needs, enabling parties to move past grievances that block practical agreement

When parties feel genuinely heard and acknowledged, emotional barriers to settlement dissolve, allowing practical negotiation to proceed.