PCST 453 2019 Fall Final - Dr. Dani Smith - Chapman University

Which of the following has been defined as: "an institutional arrangement for involving the coercive power of the state in a private dispute"

Litigation

Mediation and other Alternative Dispute Resolution methods have their origin in

All of the above

ADR methods have gained popularity as a result of

All of the above

In the US, the current field of mediation can be traced to 4 philosophical movements that gained momentum in the mid-1960s, which is NOT one of them

Alliance of People Relations

During mediation, the mediator

Remains neutral and controls the process

The Kraybill Conflict Assessment helped us get a general description of

Our personal tendency in regard to how we deal with conflict

In covenant justice, a dimension of shalom has to do with social relationships. This means:

Living in shalom is living in just, economic, and political relationship with one another

The following is not a mechanism to resolve disputes utilizing an ADR method

Litigation

Choose the answer that bed reflects your professor's view regarding conflict

Conflict is inevitable, can be beneficial, and is often an expression of diversity

VORP stands for

Victim Offender Reconciliation Program

This is an example of a block that impedes the listening process

All of the above

Important components of effective listening include all of the following except:

All fo the above are important to the communication process

Which of the following goals are accomplished when mediators communicate effectively

All of the above are goals that effective mediators attempt to accomplish

It is important for the mediator to remain impartial and support disputants during the mediation process. According to Beer & Packard, which of the following are key points for the mediator to remember and employ

All of the above

This process is one of the surest ways to clarify understanding and meaning during conversation

Paraphrasing

According to Beer & Packard text, which of the following is a (are) elements of giving your full attention during mediation

All of the above are elements of giving your full attention

When acknowledging a disputant's statement, a mediator should:

All of the above

According to our Moore text, when should active listening NOT be used

All of the above are examples of when active listening is not productive

According to Beer & Packard, one of the best ways to get to a solution is to

Give the disputants a vehicle to discuss their emotions by talking about the specific details that have caused the conflict in the first place

The Johari Window illustrates

How self-knowledge and other people's perceptions can help with a person's blind spots

The following are issues that can be mediated

All of above

In the exchange, or discussion part of the mediation process, which of the following does not occur

Each party defends their position and offers supportive evidence for it

While listening to the issues that have surfaced in the mediation process, the following may be included

All of the above

A caucus

All fo the above

A mediator may call for a caucus because

All of the above are reasons for a caucus

Mediation is not appropriate when

One party seems incapable of listening to anything you say

According to our Beer & Packard text, which of the following are part of the conflict triangle

All of the above

Which of the following should a mediator avoid during mediation

Proposing and lobbying for a specific solution to the conflict

The initial contact by the parties in order to select a mediator is based on:

The initial contact may come from any of the above,

According to our Beer & Packard text, during mediation problems are often presented indirectly as demands, attacks, or generalizations which can often present obstacles to the process. What can a mediator due to move the process along

All of the above

Mediation is a form of problem solving. It is also:

All of the above

Under restorative justice, making things right refers to

All of the above

Identifying one essential quality of a good mediator

Possess the ability to remain neutral

Justice, under a retributive lens, emphasizes

An adversarial model

When we discuss a paradigm shift in class we are referring to the need to change our conceptualization of conflict to

All of the above

A restorative justice process is a form of justice that

All of the above

The primary goal of our current justice process is to

Determine guilt

According to Zher, crime described as, "a violation of the rules," with the state being the victim falls under

A retributive view of crime

In the 1700s, prisons were originally promoted as

A humane alternative to corporal punishment

BATNA stands for

Best alternative to a negotiated agreement

By choosing to participate in the mediation process as a way to solve a legal dispute:

A person generally saves time, money, and energy

The best word to describe the role of a mediator is

Counselor

Protecting parties during mediation includes:

Psychological, Privacy and Physical Protection

A good written agreement includes which of the following?

All of the above

Which of the following is not an advantage of an effective opening statement

All fo the above are part of an effective opening statement by the mediator

When writing agreements it is advised to use the SAM guidelines. SAM stands for:

Specific, attainable, measurable

Which of the following is NOT a behavioral guideline that should be considered by mediators and the parties involved

All of the following are behavioral guidelines that should be considered

Written agreements are important to the mediation process because

All of the above

Protecting the parties during mediation includes:

All of the above

Which of the following is NOT a significant innovation of South Africa's Truth and Reconciliation Comission

Exclusion of perpetrators from the process of repairing harm

Assembling information about our opponent's viewpoint most likely will:

Demonstrate our credibility and good will

The most effective way to deal with conflict is by

All of the above

It is very important to be sensitive to diversity during mediation. Which of the following should a mediator take into consideration before, during, and after the mediation process

All of the above

As a mediator, one of the best ways to understand conflict situations is to observe them from:

all parties' viewpoint and as neutral as possoble

According to many experts, which of the following cannot be negotiated during a mediation process

Principles and values

Remaining impartial is important in the mediation process. Which of the following is helpful in remaining impartial during a mediation session?

All of the above are helpful in remaining neutral

This is the tendency to search for, interpret, prefer, and recall information in a way that assigns disproportionately less attention to information that contradicts our own belief in regard to a given subject while at the same time assigns more weight to information that aligns with our beliefs

Conformation bias

Understanding people's interests is challenging, which is most helpful to a mediator in understanding what's important to disputants

All of the above are clues to understanding the interests of the disputants

Restorative justice mediation can be utilized at different "intervention points" during the criminal justice process. Which of the following is the best way to describe these points

All of the above are examples of an intervention point where mediation may be used

When discussing mediation with parties who are considering the process, it is important to do the following:

All of the above are important when discussing mediation with potential clients

What us the most common reason why people are reluctant to mediate

Most people think they will gain more through other avenues (especially the courts)

Family conflicts and neighborhood disputes often involve both young people and adults, which of the following techniques can prove useful

Give kids extra time and encouragement to speak

When mediating family conflicts, many experts advise NOT to:

mediate alone

This is the potentially, biggest problem with the caucus technique in mediation

Caucuses give mediators the greatest opportunity to manipulate the parties and give their own advice regarding an agreement

According to Moore, agreements are considered strong when they

All of the above

The code of ethics for mediators puts forth strong guidelines about

All of the above

When signing off on stipulated agreement forms in small claims court

All fo the above are true

The UN Commission on Crime Prevention and Criminal Justice adopted a resolution encouraging countries to adopt Restorative Justice practices. Which of the following is one of those principles

Restorative processes should be used only with the free and voluntary consent of the parties

As the Restorative Justice model moves into the 21st century a number of questions pertinent to co-existing with the criminal justice model arise. These include which of the following:

All of the above