Dispute Resolution Lecture: RA 9285, Mediation, and Negotiation

This set of vocabulary flashcards covers the fundamental concepts, legal rules, and strategies involved in dispute resolution, including negotiation, mediation, arbitration, conciliation, and reconciliation.

RA 9285 Rule 5

Governs the conduct of mediation, including the roles of mediators and the stages of the mediation process.

Mediation Process Stages

Includes (i) opening statement of the mediator, (ii) individual narration, (iii) exchange by the parties, (iv) summary of issues, (v) generation and evaluation of options, and (vi) closure.

RA 9285 Rule 9

Establishes the confidentiality of information obtained through mediation proceedings, rendering it privileged and inadmissible in adversarial proceedings.

Negotiation

A dialogue between two or more people or parties to reach a desired outcome regarding one or more issues of conflict; the most basic means of settling differences.

Bilateral/Multilateral

A characteristic of negotiation indicating it can involve two parties or dozens of parties, such as diplomats in the World Trade Organization (WTO).

Non-adjudicative

A characteristic of negotiation where the outcome is reached by the parties alone without a third-party neutral.

Mediation

A process where a neutral person assists the parties in discussing a matter and reaching a resolution as an intermediary or go-between.

Mediator

A neutral person who helps parties communicate and identifies concerns but cannot give legal advice, provide counseling, or force a solution.

Memorandum of Agreement (MOA)

A written understanding and cooperative agreement between parties that outlines the details of the solutions reached during mediation.

Convening Processes

The role of bringing disputants to a preliminary meeting to assess the conflict, identify stakeholders, and introduce resolution options.

Ripeness-Promoting Strategies

Methods used to convince people that negotiation is preferable to continued confrontation.

Sequencing Strategies and Tactics

The skill of ordering or sequencing complex and diverse issues involved in large social conflicts to manage challenges effectively.

Reframing

A technique where the mediator helps disputants redefine their view of the problem to work toward a common definition of the conflict.

Option Identification

A creative step in mediation where parties systematically list all available options for advancing their interests.

Caucus

Separate meetings held by mediators with each side of a dispute to address problems and keep the mediation process moving forward.

Reality Testing

A technique used when parties have unrealistic expectations, helping them realize what they can actually accomplish and the costs of continued conflict.

Costing

The process of assessing the costs and benefits of an action in terms of money, time, resources, and emotional energy.

Action-forcing mechanism

The use of deadlines to force disputants to stop stalling and move forward in a negotiation.

Conciliation

A voluntary proceeding where parties are free to agree and attempt to resolve their dispute through discussion and willingness to end a disagreement.

Reconciliation

A method of facilitating frank engagements between minority communities and authorities to address historical tensions and reset working relationships.

Arbitration

A process where an independent, impartial third party (or persons) hears a dispute and makes a decision to settle it.

Arbitrators

The decision-makers in arbitration who hear case presentations and evidence, then make a decision similar to a judge.

Awards

The decisions made in arbitration, which are generally final, compulsory, and enforceable as court judgments.

Court-Annexed Mediation (CAM)

A voluntary process conducted under the ADR Act where a mediator accredited by the Supreme Court assists parties in settling their dispute.