19792730
Description
Flashcards by Jean Ramsay, updated more than 1 year ago
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Created by Jean Ramsay
over 4 years ago
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| Question | Answer |
| The Rules of Professional Conduct and Paralegal rules of Conduct require _______. This is an example of how ADR is mandated in legislation. (shows the value of ADR to the justice system) | lawyers and paralegals to inform their clients of ADR methods. |
| competing | a conflict resolution style in which the person tries to win the conflict at all costs |
| collaborating | style where parties work with each other to problem solve and develop creative solutions |
| compromising | reduce expectations, only get a portion of what was originally sought |
| avoiding | one party resists dealing with the issues in the dispute |
| accomodating | tends to make sacrifices for the other party in the dispute |
| system | refers to any social unit (ie. family, company, or any other kind of social organization) |
| systems theory | a theory that suggests that conflict cannot be viewed in isolation but that it should be examined in relation to the entire system in which it takes place |
| What does the circle of conflict do. What factors are inside the circle? | The circle of conflict offers a way to diagnose conflict by examining 6 primary causes of conflict. The 6 primary causes are DATA, VALUES, RELATIONSHIP, MOOD, STRUCTURE, INTEREST |
| values | life defining beliefs like religion, morals, ethics or day to day values like politeness. These values either cause conflict or contribute to it |
| relationship (as a cause of conflict) | negative past experiences in relationships can drive conflict. Ex. prior disagreements between landlord and tenant might affect the landlords willingness |
| external factors that cause conflict | any factor not directly related to the conflict (ex. the landlord is short on $$ because there are vacant apartments. The landlord might be more likely to snap on you in this case if your rent is late because they are stressed about money ) |
| structural issues | competition for limited resources, lack of authority to deal with the problem or limited resources |
| interests | what has caused the parties to come to their position in the negotiation or mediation. Why a party wants what they want |
| perspectivism | the view that there is no one correct theory or viewpoint instead there are many different perspectives from which to view a conflict |
| punctuating the conflict | interpretation of the conflict is shaped by the lens that is used to view it |
| ADR Brief should contain: | relevant facts brief review of the law expert reports issues document clients interests come accross as reasonable to other party all documents needed |
| statement of issues | Ontario Mandatory Mediation Program requires that a statement of issues be submitted 7 days prior to the mediation. Identifies facts, legal issues in dispute, positions and interests of parties, supporting documentation |
| what is the goal of negotiation? 3 pts. Who came up with this? | Fisher and Ury: to produce an agreement that is effective and satisfactory to all parties. 1. produce wise agreement 2. be efficient 3. improve or at least not damage relationship btw parties. |
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