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CMN4131- Midterm Exam Guide - Comprehensive Notes for the exam ( 19 pages long!)


Department
Communication
Course Code
CMN 4131
Professor
Sherry Ferguson
Study Guide
Midterm

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UOttawa
CMN4131
MIDTERM EXAM
STUDY GUIDE

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Adjudication// ADR = Alternate Dispute Resolution
E.g. Orange peel
- Need someone else to solve problem, so they would suggest to split the orange in half
despite differences and specific situations
- One person wants to make juice and only needs the inside, whereas the other person
only wants to make pie and needs the rind
- Therefore, if they had an opportunity to talk, then they would realise that one person only
wants the inside and the other only needs the outside
- A facilitator or good mediator will determine the reason of the needs
Alternative Dispute Resolution: Part 1
Purposes, Types, and Characteristics of ADR
Purposes of ADR
- To reduce the delays and high costs (financial and emotional) commonly associated with
adjudication
- By adjudication, we mean formal legal process conducted by judge or jury in a court of
law
- Decisions reached on points of law rather than moral right or wrong
Common Types of ADR
- Negotiation, mediation, arbitration, conciliation, facilitation, hybrids
Rights Based vs. Interest Based ADR
- Rights based: concerned with legal rights of disputants but not adjudicated (grievance
hearings, arbitrations, mini-trials)
- Interest based: concerned with interests of disputants (mediation, conciliation,
facilitation)
Negotiation: discussion between 2 parties with a view to reaching agreement without
assistance from a third party
Mediation: voluntary process for settling disputes in which acceptable, impartial, and neutral
third party (who has no authoritative decision making power) helps the disputing parties reach
mutually agreeable solutions
Arbitration: settling of a dispute by an impartial third party, often binding
Conciliation: a neutral third party, with no decision-making power, acts as go-between with
disputing parties to arrive at resolution to dispute. Parties usually do not meet together
Facilitation: process of having or guiding group to “have a conversation, come to agreement, or
plan for the future” (is a neutral outside voice)// “A gentle guide, making it easier for the group to
have that decision.”
Bargaining: generally used to refer to hard style of negotiation, competitive and positional (not
principled or interest-based)
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BATNA: ‘best alternative to a negotiated agreement’ The other option if negotiation fails. Better
your BATNA, more power to set bottom line and minimum acceptable agreement. Walk away if
you don’t get the minimum. E.g. job interview.
Ombudsperson: 3rd person who investigates and expedites complaints with the goal of setting
the complaint or proposing changes
Framing: how you describe a problem (e.g. as a person or behaviour; as a situation of blame or
opportunity to get at underlying issues in situation)
Position vs. Interests
- Position is your stated stance - what you will and will not do or accept
- Interests are underlying needs, concerns, and fears which can sometimes be met in
other ways than demands that appear in position statements
- Classic example of orange: underlying interests vs. positions
Myth of the fixed pie
- Erroneous idea that size of pie is fixed, but you can expand the size of pie by expanding
issues being discussed
- Associated with the idea of tradeoffs
Assumptions Underlying ADR
- Conflict is inevitable
- Unresolved conflict diminishes morale
- Constructive dissent can be positive
- Both rights-based and interest-based approaches have their place in the organization
and in society
- ADR is not appropriate for every conflict
Characteristics of ADR - When used in appropriate situations:
- More flexible than adjudication
- More creative than adjudication
- Less adversarial than adjudication
- More under control of parties
Bases for Popularity in Canada
- Growing multiculturalism (e.g. racial and ethnic diversity in workplace and communities)
- Popularity in other national and cultural contexts (aboriginal, African, other)
- Women’s rights movement
- Costs and backlogs in court adjudication
- Acrimony in divorce and custody disputes, with neither side winning
- Environmental struggles
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