Deck 9: Third-Party Intervention

Question 1

When power between two parties is highly imbalanced, adjudication is likely to be the best form of third-party intervention.

Answer 1

True

Question 2

All of the following are limitations to mediation EXCEPT:

A) Some people are not willing to work collaboratively with their "enemy."
B) It requires the parties to be involved in their own decision making process.
C) Parties have to be committed to working on the conflict.
D) If physical abuse has been present in the relationship, it may be difficult to deal with the power imbalance.
E) Small disputes are not worth the effort.

Answer 2

B

Question 3

According to the text, "informal mediation" isn't really effective; conflicting parties should always hire a trained professional.

Answer 3

False

Question 4

In which of the following situations is third-party intervention appropriate?

A) A couple who disagrees over the custody of their child, yet doesn't want a judge to have the final say.
B) Members of two different fraternities are being destructive to one another's property.
C) Two girls are fighting over a doll and, unexpectedly, the doll is ripped in half.
D) Co-workers they are being paid drastically different salaries for the same job.
E) All of the above

Question 5

Which form of alternative dispute resolution gives parties the most control in determining their own solutions to their conflict?

A) conciliation
B) mediation
C) arbitration
D) facilitation
E) litigation

Question 6

When conflicting parties arbitrate, they consider the advice of the arbitrator, but they can still choose what they want to do.

Question 7

Intervention helps transform conflicts in many ways. Which of the following would not qualify as "transformation?"

A) Changing how parties express their conflict.
B) Becoming best friends with the other party (parties).
C) Becoming aware of more options.
D) Modifying perceived or actual scarce resources.
E) Adjust the actual or perceived interference by the opposing parties.

Question 8

Mediators control the "process" of communication, not the outcomes of the mediation.

Question 9

Which of the following contexts would be appropriate for mediation?

A) Marital disputes
B) Workplace disputes
C) Teacher/student disagreements
D) Conflict amongst members of a Homeowners' Association
E) Any of the above may be appropriate contexts for mediation.

Question 10

When an authority listens to both sides of a dispute, questions the parties to the conflict, and then renders a judgment that both parties have agreed ahead of time to accept, which of the following intervention strategies is in play?

A) adjudication
B) arbitration
C) facilitation
D) mediation
E) conciliation

Question 11

A "Guardian ad litem" serves as a child advocate in the adjudication system.

Question 12

One risk of informal intervention is "becoming the enemy."

Question 13

According to the text, "taking a side" in mediation is okay, as long as the third party is still working to help both people.

Question 14

Because mediation relies on agreements developed by all of the parties to the conflict, mediation brings which of the following advantages to other forms of dispute resolution?

A) Solutions are more likely to be creative
B) A mutual stake in the resolution is promoted
C) Solutions are more likely to involve a compromise
D) It costs less than adjudication
E) Mediations are faster than other forms of dispute resolution

Question 15

Which of the following statements is ?

A) Children can be effectively trained as mediators.
B) Mediators need to be masters of the process.
C) The mediator's job is not to advocate solely on behalf of one of the parties.
D) Mediation takes many different forms in different contexts.
E) Mediators need to be content experts in the area of dispute.

Question 16

Which of the following is a potential advantage for using adjudication to manage conflicts?

A) No advantages exist.
B) Parties will have a firm decision on who is right.
C) Children are usually very satisfied in custody disputes.
D) Power imbalances may be corrected.
E) Less money is spent.

Question 17

Mediation, by definition, allows the participants to manage their own conflicts, and ultimately, their outcomes.

Question 18

Being a "coach" requires the same skills as being a good friend to a person in conflict.

Question 19

Which of the following is NOT an advantage of mediation?

A) Mediation allows the conflicting parties to disagree on the settlement.
B) Mediation reduces the cost of protracted disputes.
C) Mediation increases satisfaction with the outcomes of the dispute.
D) Mediation enhances relationships among people.
E) Mediation reduces the recurrence of conflict.

Question 20

Adjudication is the most competitive method of 3^rd-party intervention.

Question 21

"I Stole Your TV" is an example

A) of a specialized form of mediation designed for cases in which one person is guilty of a crime
B) the court system gone awry
C) of a specialized type of counseling
D) binding arbitration
E) people who refuse to collaborate

Question 22

Which is more important in the mediation process: agreement or transformation? Make an argument in support of your conclusion.

Question 23

Briefly describe a recent situation in which you personally intervened (or witnessed an intervention) in an informal context. What have you learned by reading the section in informal intervention that would influence how you might make different choices in the future?

Question 24

Provide a rationale for the use of mediation in a family or organizational setting. Compare and contrast your rationale with the rationale for other types of intervention.

Question 25

A cultural form of dispute management involves parties working on their conflicts in front of others can be found in:

A) Hawaii.
B) Malaysia.
C) Native American traditions.
D) The culture of the Kalahari Bushman.
E) All of the above

Question 26

What is the most significant difference between mediation and arbitration?

Question 27

What does it mean to say that mediators need to be "masters of the process?" Additionally, do you think mediators should be experts in the content area (of the dispute), as well? Why or why not?

Question 28

How is "coaching" similar/different from "mediation" and "counseling?" Be sure to demonstrate understanding of all three concepts before comparing and contrasting.

Question 29

List, describe, and illustrate the five stages of the mediation process. Explain how each stage is important to the process.