Dispute Resolutions and Crisis Management

These flashcards cover key concepts and definitions from the lecture notes on dispute resolutions and crisis management.

Mediation is a __ process in which a mediator facilitates communication and negotiation.

voluntary

Ad hoc Mediation means any mediation other than __ or court-annexed.

institutional mediation

_ Mediation is any mediation administered by a mediation institution.

Institutional

Court-Annexed Mediation is conducted under the auspices of the court in accordance with __ guidelines.

Supreme Court approved

A __ Mediator is one certified by the Office for ADR after completing its training program.

Certified

A __ Participant is a person who participates in a mediation proceeding without being a party or mediator.

Non-Party

Mediation shall be applied __ whether ad hoc or institutional.

voluntarily

Parties have the freedom to select their __ according to their preferences.

mediator

The mediator may refuse to act if the parties' __ is in question.

impartiality

Confidentiality means that a mediator shall keep all confidential information __.

in utmost confidence

If a mediation party is unable to participate effectively, a mediator may __ the proceedings.

terminate

Mediators must fully disclose the basis of __, fees and charges.

costs

A mediation proceeding consists of several stages, including the __ statement of the mediator.

opening

Only parties, their representatives, and the mediator may attend mediation, unless there is __ from all parties.

consent

Mediation agreements must be signed by all parties to ensure adequate provisions for __.

breach

Any mediator's fees cannot be __ upon the results of the mediation.

contingent

The lawyer's role in mediation is to act as a __ with the other lawyer.

collaborator

A mediator shall keep a party's personal information __.

confidential

Mediation is often distinct from __, emphasizing negotiation between the parties.

litigation

A party may designate a __ to assist in the mediation process.

lawyer

Information obtained through mediation is considered __ and cannot be disclosed in court.

privileged

A mediator must maintain __ and disclose any biases before accepting a case.

impartiality

A mediator shall not engage in __ or advocacy during the mediation process.

counseling

If the mediator withdraws, parties may select another __.

mediator

The mediation process includes stages such as individual narration, __, and closure.

exchange

Mediators must keep the terms of the settlement agreement __ to avoid conflicts.

complete

In __ mediation, parties are free to arrange their own costs and fees.

ad hoc

Mediation must comply with the relevant __ of the mediation institution.

rules

Mediators are not authorized to impose a __ on the parties.

settlement

Confidentiality waivers must typically occur in a __ or in writing during a proceeding.

record

A __ is defined as a person who conducts mediation.

Mediator

A mediator may recommend that unrepresented parties seek __ before signing an agreement.

legal advice

In bad faith circumstances, mediators may terminate the __ resolution process.

dispute