ADR

Displaced Conflict

The type of conflict where disputants have actual incompatibilities of goals and interests but do not accurately perceive such incompatibilities, and instead perceive a different and minimally relevant or erroneous set of incompatibilities is known as what type of conflict?

Conflict Escalation

A situation in which an interpersonal conflict becomes successfully more competitive and marked by impasse, spreading, intensification, and heightened animosity among participants against members of “the other side” is known as what?

Constituent

Persons (other than a disputant, agent, or advocate) whose interests, goals, or needs are, or might be affected by an interpersonal conflict are known as what?

Equity Principle

Within the framework of distributive justice, the principle that people should receive benefits in proportion to their contribution to the group is known as what?

Psychological Ownership

The extent to which a participant in a dispute resolution process and outcomes feels that the process and/or were freely chosen and what they would have wanted is known as what?

Domination Conflicts

Within the taxonomy of disputes we discussed in class, disputes that arise from imbalances or struggles for power and control between individuals, groups, or organizations would be categorized as?

Jackpot Syndrome

A perceptual distortion leading a disputant to be willing to trade a huge risk that they lose in exchange for the opportunity to obtain a huge recovery is known as?

Cognitive Bias

The systematic error and patterned fallacy of heuristic based judgements is known as?

Anchoring

The psychological phenomenon in which an individuals judgements or decisions are influenced by a reference point (ex. an opening offer) such that the individual fails to sufficiently adjust away from this reference point during negotiation is known as?

Reactive Devaluation

The tendency for a disputant to immediately undervalue an offer just because it was the other disputant who offered it is known as?

Appraisal Theory

Emotions arise from our evaluations or appraisals of situations. In other words, emotions are not automatic responses to stimuli, but rather are influenced by our interpretations and meanings assigned to events

Framing bias

A cognitive shortcut where people make different choices based on whether identical information is presented as a gain or a loss

Jurisdiction

Power of a court to enforce its will; to make decisions that are binding on the parties before it

Excluded Stakeholders

Stakeholders who have significant interest in or will be affected by the outcome of a dispute, but are not actively participating in the resolution process

Motion for Summary Judgement

Formal dismissal of the claims because the petitioner failed to make a showing sufficient to establish an essential element of his/her claim

Social Identity Theory

Individuals derive a portion of their self concept from their membership in social groups

Prejudice

An antipathy based upon a faulty and inflexible generalization; it may be directed toward a group as a whole or toward an individual as member of that group

3 R’s

• Recognize; Identify that a mistake, conflict, or injury has occurred

• Respond; Openly acknowledge the issue, communicate transparently with the affected parties

• Resolve; Offer fair compensation, solutions, or a mutually agreed upon settlement to conclude the dispute without traditional litigation.

Confirmatory Bias

Providing the same information to two opposite parties can have the counterintuitive effect of increasing polarization

Accuser Bias

When someone does something that is harmful to us, we tend to hold that person excessively responsible

Excuser Bias

When we do something that is harmful to others, we attribute it to factors beyond our control

Limited Jurisdiction

Only hear certain types of cases, federal courts of _____

Cause of Action

A group of operative facts giving one party a legal remedy against another party in a court of law

General Personal Jurisdiction

When a defendant is a resident of the state in which a court is located, the court has _____ over the defendant

Civil Procedure

The rules that govern how a civil claim becomes an enforceable judgement are known as rules of _____

Third Party Defendant

When a defendant brings another party into a civil action on the assertion that this party is either partly or wholly liable to the plaintiff, then this new party is known as?

Privilege

A legally recognized basis for refusing to product information in discovery is called?

Interrogatories

A type of discovery where one party sends a set of written questions to another party, with responses to be provided in writing and verified