Conflict Resolution and Mediation Flashcards

In mediation, what does the term 'BATNA' stand for?

Answer: Best Alternative To a Negotiated Agreement

BATNA stands for Best Alternative To a Negotiated Agreement, representing the course of action a party will take if negotiations fail.

Which communication technique involves repeating back what someone said in your own words to confirm understanding?

Answer: Paraphrasing

Paraphrasing means restating what the speaker said in different words to verify accurate understanding.

A mediator who offers their own opinion on the merits of a dispute is practicing which style?

Answer: Evaluative mediation

Evaluative mediators assess the strengths and weaknesses of each party's position and may suggest outcomes.

Which conflict style is characterized by high assertiveness and low cooperativeness?

Answer: Competing

Competing involves pursuing one's own interests at the expense of others and is associated with high assertiveness and low cooperativeness.

During a joint mediation session, one party becomes extremely hostile. The mediator's best immediate response is to:

Answer: Call a caucus to separate the parties

Calling a caucus (private session) gives each party space to de-escalate and allows the mediator to address concerns privately.

What principle ensures that information shared in mediation cannot be used in later legal proceedings?

Answer: Confidentiality

Confidentiality protects disclosures made during mediation from being used as evidence in subsequent legal proceedings.

In interest-based negotiation, the focus is primarily on:

Answer: Underlying needs and motivations

Interest-based negotiation focuses on the parties' underlying needs and motivations rather than their stated positions.