1. What is the role of caucusing in ADR? 2. Compare and contrast mediating from caucusing. 3. What is an impasse? 4.

How can we break an impasse? 5. How should one handle 'breakdown' in the negotiation process? 6. What are the goals of negotiation? 7. What are the elements of active listening? 8. What is the use of reframing in mediation?

Answer to No. 7 There are five key elements of active listening. They all help you ensure that you hear the other person, and that the other person knows you are hearing what they say. 1. Pay Attention Give the speaker your undivided atten tion, and acknowledge the message. Recognize that nonverbal communication also "speaks" loudly. Look at the speaker directly. Put aside distracting thoughts. Don't mentally prepare a rebuttal! Avoid being distracted by environmental factors. For example, side conversations. "Listen" to the speaker's body language. 2. Show That You're Listening Use your own body language and gestures to convey your attention. Nod occasionally. Smile and use other facial expressions. Note your posture and make sure it is open and inviting. Encourage the speaker to continue with small verbal comments like yes, and uh huh. 3. Provide Feedback Our personal filters, assumptions, judgments, and beliefs can distort what we hear. As a listener, your role is to understand what is being said. This may require you to reflect what is being said and ask questions. Reflect what has been said by paraphrasing. "What I'm hearing is," and "Sounds like you are saying," are great ways to reflect back. Ask questions to clarify certain points. "What do you mean when you say." "Is this what you mean?" Summarize the speaker's comments periodically. 4. Defer Judgment Interrupting is a waste of time. It frustrates the speaker and limits full understanding of the message. Allow the speaker to finish each point before asking questions. Don't interrupt with counter arguments. 5. Respond Appropriately Active listening is a model for respect and understanding. You are gaining information and perspective. You add nothing by attacking the speaker or otherwise putting him or her down. Be candid, open, and honest in your response. Assert your opinions respectfully. Treat the other person in a way that you think he or she would want to be treated.

Question num 4. How can we break an impasse? The following are a few of the possible techniques which may create a breakthrough when confronted with an impasse: 1. Take a break. Often, things have a way of looking differently after the parties have taken the time to breathe and relax from the tension and frustration due to the impasse. The mediator may have food and non-alcoholic beverages served during this time. 2. Brainstorm on the issue where the parties met the impasse. Ask more questions about the problem, about feelings, priorities, alternative solutions, flexibility, hidden agendas, reluctance to compromise, anger at one another. Ultimately, this will diagnose the reason for the impasse. 3. Break the issue down into smaller parts, isolating the most difficult issues and reserving these for later. 4. Use reality-checking. For example, "what do you think will happen if this goes to court?" Draw out the emotional, financial, and other costs of litigation and delay. 5. Bring an expert in the discussion. Ask another person to comment on the value of something that is crucial to the argument or simply give a neutral evaluation of the parties positions.

Question #8 Reframing is a technique to re-word or re-state what the client has said more constructively. This assists the client in reevaluating their perspective, or clarifying what is important to them in the conflict situation. Not only does reframing help the client better understand their own thoughts, it also assists in clarifying and de-escalating the conflict for the other client(s) and lawyer(s). Question num 3. What is an impasse? An impasse is a period in mediation where the mediation process can no longer move forward either due to resistance of parties to make workable solutions or simply exhaustion of creativity.

question #6 Negotiation is a process civilized people use to reach agreement. The goal is to help the disputants clear about their feelings, identify their interest and needs, consider the impact of their choices and help them generate multiple possible solutions wherein both parties reached to a mutually acceptable agreement. Question No. 1 - What is the role of caucusing in ADR? (self-explanatory) Reasons of calling for a caucus maybe cited to answer this question: When there is a need to... cool off or vent emotions allow the weaker party to talk privately confront each party privately receive confidential information explore strengths and weaknesses of each party's case explore settlement options break the joint session where the mediator may lose control break the mediator trap break the impasse Ex: Caucusing serves as a "breathing room" for the parties in ADR when they are having a hard time controlling strong emotions (anger). xxx / This is a stage in the ADR where parties get to cool off or vent emotions. xxx For additional insights, you may get ideas from this article (Resolution Remedies): The privacy afforded by caucusing allows the parties to expand on their opening statements from the joint session and their goals for the mediation in confidence. This also gives the mediator an opportunity to play devils advocate by questioning the strength and validity of the attorneys legal arguments. All too often, lawyers will get caught up in the adversarial process, which certainly serves well in their role as a fierce advocate of their clients interests, however it may lead them to overestimate the strength of their legal positions. During private caucusing, the mediator will try to shift the focus of the proceeding toward the true merits of the case. Doing so is necessary to reframe the issues to focus on the big picture and move the case closer to an equitable settlement.