Hi Class,

Some of you have brought to my attention that you are feeling overwhelmed by the amount of content on
the final exam. I will clarify some things that will make studying for PACS 202 more effective.
Tips
- focus your attention on the modules over the readings.
- Module 24 is a helpful guide to what will be on the exam
- Dont feel you need to know everything
- This exam is quite a bit of writing so pace yourself and be mindful of the time.

Section 1 study tips (40 points)

- focus your attention on the conflict resolution map
- know the characteristics of the different methods/processes
- be sure to know what makes each distinct and be able to compare and contrast these

Section 2: modules 1-12 (2 questions, 20 points each)

- focus on key principles or concepts that came up in the first half of the course. (i.e., conflict analysis,
apology, forgiveness, escalation, communication, positions and interest, conflict drivers, power/rights/
interests, etc.)
- be able to define them and explain their characteristics
- You will be able to choose which 2 questions you answer out of 7 possible questions.

Section 3: Modules 13-24 (2 questions, 20 points each)

- focus on key principles or concepts that came up in the second half of the course. (i.e., interpersonal
conflict resolution, negotiation, mediation, arbitration, adjudication, hybrids, restorative justice, etc.)
- be able to define them and explain their characteristics
- You will be able to choose which 2 questions you answer out of 6 possible questions.

Best of luck on your final exam!

Kelly

Module 2: Core Terms:

Core Principle 1: The only person you can change is yourself
Core Principle 2: Your power to influence a situation positively is likely greater than you
think. (You dont change a person but change a situation)
Core Principle 3: Conflict is normal, Conflict can be positive, Relationships without
conflict can indicate poor health.
Core Principle 4: Healthy conflict resolution depends as much on your spirit as your
skill.
Core Principle 5 & 6: Sometimes walking away is the best thing to do (Rare though)
Acting before thinking: Real freedom is the ability to pause between a stimulus and a response,
and in that pause to choose.
Conflict: is an expressed struggle between at least two interdependent parties, who perceive
incompatible goals, scarce resources, and interference from others in achieving their goals.
In intense conflict, we are reactive
3 Definitions of Conflict
1. conflict is the expressed struggle between two or more individuals with incompatible
goals, scarce resources, interference from others to reach our goals
2. conflict is the expressed struggle over the value of status, power and resources to
eliminate or neutralize an opponent
3. conflict is the realization of multiple realities to reach a common ground
Conflict cycle: Conflict happens, Response, Consequences, Belief/attitude about conflict
Destructive Conflict: negative conflict styles:
critical start up - where we enter conflict already pinned for it to go bad
defensiveness - not willing to listen and focus on defending ourselves
stonewalling - barriers are up and I wont respond to what you have to say
contempt - not only am i right, but i am superior
escalatory spiral - as you attack, i attack even more strongly and then you see that and
raise me
avoidance spiral - we withdraw where i back away and then you back away and then i
respond kindly and so do you and eventually no conflict (before we know it we no longer
have any communication)
Attack/withdraw - Or we combine these. I attack & then pull into my defensive stance,
and you do the same. We land in a repetitive pattern, where we can never really break
through to communicate
pursue/flee - i want to solve problem so i chase you to talk but you are afraid to talk so
you flee so i pursue harder and you run away faster and soon running in circles
reciprocal negative emotion - you get angry and i get angry that youre angry
retaliation: These patterns all amount to forms of retaliation. This leads no-where good.

Module 3: Cognition and conflict escalation

Cognitive Dissonance: the state of having inconsistent or conflicting thoughts, beliefs, or
attitudes, especially as relating to behavioral decisions and attitude change. (inconsistent
memories of the past but we believe that they are not changing and are the truth and consistent)

Ex: I am a good person Good people dont yell I just yelled only 2 of these can be true at
once ( we cannot hold two contradicting ideas in our head at the same time, especially if they
carry significant weight)
Attribution Error: How we see ourselves different from how others see us in conflict
When we do well, we see it as a function of our basic behaviour
When we do poorly, we see it as if someone forced us to do it
When someone else does something poorly, we see them as a bad person
When someone else does something well, we see it as if they were forced to do it
To overcome the attribution error we must realize its existence, become aware of it, and then
change ourselves. Remember we cannot change the other person. This is a basic shift in
attitude towards curiosity, and asking oneself the hard questions while listening to others.
Seven stage model of conflict escalation:
Stage 1: Problem solving: Conflict is intense but remains on issue
Stage 2: Personal Antagonism: People shift focus onto the person not the problem
Stage 3: Proliferation of Issues: piling on issues- trust becomes threatened
Stage 4: Triangulating: people talk about, not with each other
Stage 5: Escalating Reactions: conflict increasingly destructive
Stage 6: Antagonism and Hostility: Risk of violence
Stage 7: Polarization: Original cause of conflict is forgotten, Relationship may not recover
Conflict de-escalation can cause a short period of depression as people stop being heated
about the issue.
Consequences of unhealthy conflict:
-Expensive
-Risk physical and mental health
-Affects others
-Sucks our energy
Effects of healthy conflict:
-more creativity
-better sense of self identification
-better when dealing with future problems
-brings people together
-clearer perspective
-more energy
-better solutions
Module 4: Communication
Traditional model: Source-->Encoding-->Channel-->Decoding-->Receiver-->Feedback
(here you have an idea, put that idea into code typically a language, express that code, receiver
hears that, decodes what you have said, and then responds)
The 4 Communication Models:
Encode-decode Model
Match between what is encoded and decoded (so know background information to make
actual sense of a sentence i may have said - I argued with my mom...do you know
what my moms personality is?)
Increase signal to noise ratio

Intentionalist Model
What does the speaker intend to say?
Decode, inquire, intent
Impossible to determine true intent without shared knowledge between both parties
Perspective Taking Model
To ensure clear communication you need to take into account the perspective from
which the other person sees the situation
Hard to validate any other perspective other than our own
Dialogic Model
Context matters
Communication is a joint accomplishment where we use mutual exploration of our
experiences of conflicts and shared understanding of these experiences (ex. conflicts
with mothers)
Communication is established through the context of the social relationship
this model steps away from the standard model; it should be our goal to move towards
this approach in conflict situations
Intent: Action: Effect
helps us understand a persons background story of why they feel/act in certain ways
Action is public to people within the conflict, however intent and effect are private and
can be kept to oneself.
Ex: Joke in an office offended an individual, the offended individual assumed the joke
teller was trying to hurt her feelings while the joke teller believed she was being
humerous.
Module 5: Conflict styles
conflict styles are patterned behaviours involving the expression of disagreement and
emotions and the intersection these two factors.
the core dimensions of a conflict are the following:
o patterns that reflect more direct or indirect approaches to communicating about
substantive disagreements
o patterns that reflect emotionally expressive or restrained approaches for
communicating how each party feels towards the other
Joharis Window:
o
developed as a tool to aid in self understanding and understanding of our
relationships with others
o
often used in work teams where participants given a list of adjectives that might
describe a person and uses them to describe themselves and other participants.
o
Compares what one thinks of themselves and what others think of them

you can build trust with others by disclosing information about yourself.
with the help of feedback from others, you can learn about yourself and
come to terms with personal issues.
o
four areas:
o

Facade-what we see and they don't

Arena- what we see and others see
Unknown- what we don't see and others don't see
Blind spot- what others see and we dont

Thomas Killman Conflict Mode Inventory:

Concern for others+Concern for oneself leads to:
Avoiding: Built on low concern for the issue and a low concern for the relationships.
Accommodating: Involves low value on issue and a high focus on the relationship. Its
motto is OK, whatever you say, or Cant we all just get along?
Compromising: Built on low concern for each of relationship and issue. Its motto is
Lets make a deal.
Competing: Premised on a high concern of the issue or the task, with low concern of
the relationship. Its motto is My way or the highway
Collaborating: Built on high valuation of both the issue and the relationship.
Conflict Styles
Discussion stlye:
Direct in communicating about the disagreement and emotionally restrained.
This style speaks to the other directly about the problem, but does so with little emotional
content.
Confront problems but maintain a calm atmosphere. People here are seen as logical but
uncomfortable with emotional arguments
Engagement Style:
Direct in discussion of the disagreement and emotionally expressive.
Clear opinions
Perceived as dominating (unconcerned about others feelings) - might involve shouting
etc.
Accommodation Style:
Emotionally restrained and indirect in communication regarding the disagreement.
Control their emotions and sensitive to the feeling of other party
difficulty voicing their own opinions, as uncommitted and dishonest and difficulty
providing explanations.
Dynamic Style:
Emotionally expressive, but indirect in communication about the disagreement itself.
Use third parties
non-verbal and rarely able to get to the point.
Module 6: Apology
Person causing harm =Power
Victim: Experiences harm (vulnerable)
During apology these positions switch because person causing harm is shameful in
some sense and victim has power accepting or rejecting the apology
people apologize to live in the present rather than having a past experience constantly
on their conscience. Gives significant freedom from the trauma
apology = an act of recognition. Step in the healing process for both parties
Two Kinds of Apologies:
Reflexive: Non Meaningful and the quick Im Sorry ex: bumping into someone
Significant: Exchange of shame and power, acknowledges harm done, no defence to
apology, expression of regret, leaves person vulnerable, takes responsibility, involves
restitution

Apology and Legal system:

If you admit you caused me harm then you are now responsible
Often in insurance claim situations if you apologize you are admitting yourself to be in
the wrong
In lawsuits an apology can admit guilt but sometimes decrease the risk of liability as the
victim is willing to accept an apology (Risky to do so in court though)
Large Group/National Apologies
WWII example: Japanese Canadians were put into concentration camps in BC and the
Prairies
o Not released for four years
o Lobbied for apologies and compensation
o Canada supplied both
Residential Schools for Aboriginal People of Canada
o Church trying to replace aboriginal culture and replace it with religion and
Canadian culture
o Verbal, physical and sexual abusecausing generations of deeply damaged
children
Module 7: Forgiveness
it does not mean you are OK with the injustice that occurred nor is it forgetting
Forgiveness: it is not allowing the actions of the other to control you
Letting go of the pain and hurt
Seeing the other person as complex: recognize them as not all bad
Wishing the other person well
Letting go of negative emotions
Giving up right to revenge
Forgiveness model:
Event occurs-->Denial-->Pain and hurt-->Anger-->CHOICE (Resentment or letting go)
Resentment: Continue to be angry
Letting go-Compassion-->exit recycling of pain
Amish use their own methodology of how they forgive those who have done wrong
Module 8: Conflict Analysis
Systems perspective: Language of systems theory: Its a way of looking at individual conflict
within a broader system
What do those systems look like: Concentric circles
First circle: Self (What I bring to the conflict)
Others: relationships with others
Interpersonal: live through patterns
Micro system: how the people function together
Macrosystem: the larger organization
Line of primary tension: Where the most work needs to be done in the ABC conflict triangle
(Line of primary tension is between A and B & it is the Cs Position to remove it through
mediation)
C position: The mediator in the ABC triangle. The mediator is always C
3 Choices: you can be in the C position in a way thats healthy and that liberates the conflict
-you can be in the C position in a way that entrenches the conflict
-you can get out.

Neutrality vs. Impartiality:

Neutrality: you are indifferent
Impartiality: fair mindedness - give x positive un-regard give y positive un-regard
Module 9: Polarities and Sources of Conflict
Introducing Polarities

polarities: require us to live with both/and, which can be expressed as yes/no conflicts
o polarity conflicts are essentially about foundational values
o it is important to dig beneath the yes/no conflict to find the underlying polarity
distinguishing a polarity from a conflict
o a problem can be solved
o a conflict can be resolved
o a polarity can only be managed

Conflict Drivers
suggests that good conflict analysis determining the cause of the problem will help
you figure out how to focus your conflict resolution conversation. As you can see from
the diagram, the circle of conflict identifies six sources of conflict or six factors that drive
conflict forward

if there is agreement between the parties as to the drivers underlying their conflict, the
parties have a clear sense of what needs discussion. If they disagree on what drivers
are present, the first step is to explore the drivers. Again, this sets the framework for the
discussion
value conflicts: different criteria for evaluating the rightness or wrongness of their
behaviour
relationship conflicts: misperceptions or stereotypes of another may drive a conflict as
we impose a set of descriptions on each other that may have no bearing on reality; and
may be hidden behind the actions we take based on our misperceptions
moods and externals
data conflicts: people may have different views on what information is relevant or
different understandings of procedures
structure conflicts: unequal control, ownership, or distribution of resources, are aspects
of structure
o any situations of social unrest and see this aspect of structure lying behind the
unrest
interest conflicts

Module 10: Power

Defining Terms
Conflict vs. bullying
o definition 2 Conflict: Conflict is a struggle over values and claims to scarce
status, power, and resources, in which the aims of the opponents are to
neutralize, injure, or eliminate their rivals

Bullying: conscious, wilful, and deliberate activity intended to harm, or to induce

fear through threat or further aggression, to create terror in the target of the
activity
some definitions of power
o The ability to get what you want over the objection of others
o The capacity to bring about change.
o The ability to influence another to do something they wouldnt necessarily do on
their own, or to act against their own interests.
o To have a voice (what I say counts) and to have a choice (decide the outcome in
a situation regardless of what others want.
Power and Control
types of power
o positional power: flows from ones authority or ones location in a particular role
o personality power: flows from ones way of being in the world
o identity power: related to various aspects of who we are gender, race,
economic class, education level, and many others
o group power: related to our participation in groups
Feminist definitions of power
o power to: compromise; the goal here is to find the middle ground, to find
something that works
o power over: the goal is to win, often at all costs (competing)
o power with: the essence of collaboration is the desire to work with the other to
find a solution that works for all; power resources such as listening and asking
questions lie at the heart of collaboration
Post-modern approach to power
o

The Victim-villain-rescuer triangle

Module 11: Positions and Interest

when we argue a position, we are always arguing from our experience
position and interest are similar - what we most often see in conversations with other is
the tip of the iceberg which is the position, underneath the waterline are where the
values, principles, relationships etc. all fall.
interests are powerful tool for exploring issue based conflict while the intent-action-effect
model is useful for exploring incident based conflict
interest can be divided in 2 groups = wants (tangible interests) and needs
psychological interests:
o self-determination = I can do it myself
o belonging = they are not letting me play
o recognition = his piece is bigger than mine
o security = are you safe to be around?
o success = i can do it! (here emphasis not on doing it myself but solely doing it)
Module 12: The Power, Rights, Interest Paradigm
Power as a method for resolving conflict:
Advantages:

1. An immediate response is possible

2. It get things done
3. Power based processes can resolve deadlocks
4. Power can be used in the interest of a weaker party
Disadvantages:
1. Power methods are disenfranchising
2. Power is easy to subvert
3. Organization doesnt get the benefit of the wisdom of the group
4. Power is inherently win/lose
5. Power systems can create a foe that cannot be deterred from opposition
6. Power can create escalating interactions
Rights as method for resolving conflict:
Rights are a set of enforceable entitlements that come to us from a variety of sources
Inherent in being human
Some rights are granted through national constitutional documents
Granted through legislation
Given by contract
Agreed upon practice or standards
Rights in healthy systems, rights codify power and interests in order to manage power
and maximize general interests
The healthy system would have a robust listing of rights, such that the largest number of
people would be protected
In unhealthy systems, rights codify power and interests to maximize power and minimize
general interests
Positively:
A positive right might be a statement that everyone has the right to practice the religion
of their choice
Negative:
Framed negatively, this would be a statement that every person has the right to be free
from the discrimination on the grounds of religion
Interest as a method for resolving conflict:
Advantages:
result in more ownership of outcome
rely on the wisdom of participants
creates a more comprehensive solution
Those who are impacted by the decision make it
The solutions in interest based models are longer-lasting
decisions are more likely to address underlying concern
Disadvantages
can be time consuming but are cheaper
interests may be incompatible or difficult to name
conversations can level the playing field when a rights based appeals is more apt
In a stable system, Interest based systems are used most frequently, rights based systems are
used when the former is not possible and power based systems are used as a last resort only.
Module 13: Interpersonal Conflict Resolution

We often fall into the attribution error. Someone who is emotionally speaking can be
seen in a negative light, as aggressive or manipulative. Someone remaining completely
calm in a conflict can be seen as coldness or not caring about the situation.
Our emotions are shaped by many factors (personality, culture, family background etc.)
Conflict conversations increase our adrenaline, increasing the probability for us to lose
our cool and create a negative situation.
The Ladder of Inference (common thinking practice we go through) might be helpful in
analyzing what is happening for the student:
The student starts from the fact of the low mark on the paper (the observable data).
The student moves on to filtering out other data, such as the 90 the professor gave on
a previous assignment. (Select data)
The student makes assumptions - the professor thinks the student is not intelligent.
The student draws conclusions - the professor will never give a good recommendation.

The student adopts beliefs about the professor - the professor doesn't like the student;
the professor lets biases get in the way of helping students.
The student uses these beliefs to then take action
Emotional Intelligence: Being able to read and understand the emotions of yourself, and your
surroundings. Four components
1) Self awareness- Ability to identify the emotions of yourself
2) Self regulation- the ability to regulate my own emotions to surroundings
3) Social awareness- knowing what others are feeling
4) Social regulation- Be able to respond to the groups feelings and create improvement
Two Rules of Interpersonal Dialogue:
1. Your comments must seek to be kind, they must contribute a sense of goodness into the
room, and not add to the problem. In other words, you must protect the humanity of
the other.
2. Your comments must be honest. They must speak the truth as you know it. You must
protect your humanity.
Six steps for interpersonal conflict resolution
1) Prepare - what is going on here? Appropriate time to meet.
2) Open - speak purpose of your conversation
3) Hear - intent, action, effect / positions, interests
4) Understand - ask open ended questions to learn more
5) Solve
6) Close - ensure both parties agree and decide what to do if you revisit problem again

Module 14 (Negotiation)
Negotiation:
Most literature focuses on negotiation as an interest-based approach
Negotiation where the goal is simply to arrive at the price of an item for sale is power
based
Negotiation in which lawyers work to balance the rights of the parties involved becomes
a rights-based process
Negotiation is often experienced by the parties as power-based parenting split is
experienced as power over move by the other side
With the engagement of lawyers, the negotiation becomes right-based
Absence of trust contribute to the desire to balance power
Focusing on the rights of the parties, rights-based processes build on a system that
draws on the outside standards which both parties need to comply

Negotiation: The process of reaching an agreement.

Competitive negotiator: seeks an outcome which maximizes the settlement for him or
herself or the client. He or she will do whatever is required within the limits of the law to
achieve that result. Disinterested in needs of other party. Willing to stretch the facts.
Uses threats. Uncooperative
Co-operative Negotiator: seeks an outcome which maximizes the settlement for him or
herself or the client, is fair, meets his or her or the clients needs, avoids litigation, and
maintains or establishes a good personal relationship with the other negotiator. He or
she will conduct him or herself ethically to achieve that result. Does not use threats.
Takes realistic opening position. Logical (not emotional).
Interest Based Negotiation: Involves identifying several factors when negotiating
before beginning. These factors include:
o Interests - what do people really want?
o Options - what possible agreements exist?
o Alternatives - what will we do if we cant agree?
o Legitimacy - how will we know we are not being ripped off?
o Communication - am i ready to listen and talk effectively?
o Relationship - am i ready to deal with the relationship?
o Commitments - what commitments should i seek and make?
Proper Negotiation Model
1. Prepare- Meet with party, identify concerns that may arise, listen for issue, prepare for
process
2. Problem Solving- identify issues and goals, share relevant info, clarify each others
perspectives of one another
3. Understand- dig into interest experiences needs impacts etc., use active listening,
4. Open and Hear- generate creative options, assess options against interest and criteria
standards
5. Agreements - may return to previous steps if there isnt an agreement

Module 15 & 16: Mediation

Mediation:
Interest-based process to resolve conflicts
Some models of mediation are focused on rights
The mediators task is to help the parties have their conversation, but not to make any
decisions regarding content.
The Mediator is a third party whose primary objective is starting conversations, and
keeping the line of primary tension between PARTY A and PARTY B.
The Mediator is Always in the C Position
The mediator brings a variety of skills, techniques and knowledge to keep on the
conversation moving forward
Mediators should remain self-differentiated to stay connected
It is the heart of negotiation
Mediation Process
1. Open- Open the floor for both parties to speak
2. Hear- Listen to both sides
3. Understand- Use tools of intent, positions of interests, effect
4. Solve- Test the parties agreements
Four Main Models of Mediation

1. Settlement- Settlement mediation is also known as compromise mediation. This is

because its main objective is incremental bargaining. Strengths: People understand the
purpose Weakness: Ignores the interests of the parties.
2. Facilitative- known as interest-based or problem solving mediation. The mediators goal
is to guide the process and ensure constructive dialogue. Weakness: un-corporative
parties
3. Transformative- known as reconciliation mediation or therapeutic mediation. Main
focus is resolution not settlement However in some cases no agreement is ever
reached. This is the dominant model.
4. Narrative- Try and act as a coach to the parties involved, and go over the story until a
new and improved one is identified. Useful because it digs deep into interests, but
difficult to use on conflicts with no evident backstory or tangibles.
A mediator must also identify other key factors including, the size of the group involved, the level
of conflict escalation, what content is okay to disclose, etc.

Module 17: Arbitration

Arbitration
Arbitration is basically a form of private adjudication. That is, the parties hire a person to
act as the judge.
Arbitration usually flows from a contract between the parties.
Just as in the court process, the arbitrator makes the decision based on the arguments
and evidence presented.
The arbitrator is chosen by the parties in dispute.
The arbitrator's decision is binding, but must be based on reasonable grounds.
Arbitration is a dispute resolution process in which the parties or their representatives
present proofs and arguments to a neutral third party who is appointed by the parties to
making a binding decision based on standards set by the parties.
Arbitration vs. Adjudication
The primary difference between arbitration and adjudication is the person or entity that
makes the decision in a legal dispute. In arbitration, the disputing parties agree on an
impartial third partyan individual or a groupto hear both sides and resolve the issue.
In adjudication, the decision is the responsibility of a legally-appointed or elected official.
Arbitrations decision is private, adjudication is public
In Arbitration the parties set the rules and standards, Adjudication allows the law and
judge to set standards.
Arbitrator has no inherent jurisdiction
Arbitration parties set the rules of the process
Arbitrator can be fired
Standard can be anything
Ripple effect is different
o Case law creates precedent, which influences what courts do with other cases
Arbitration Strengths
Disputants control the process
More effective at restoring commercial relationships (so between commercial disputes
where there is an ongoing relationship)
Faster, and more efficient than court
Private decision rather than public
Get a binding decision with less hassle

Arbitration Weaknesses
Disputants are often less involved than mediation
One party wins, One party loses, often no compromise.
If the arbitrator's award is unfair or illogical, a consumer may well be stuck with it and
barred forever from airing the underlying claim in court.
Does not care about relationships, just the outcome.
Better chance to preserve a commercial relationship
Usually faster, cheaper, more efficient
Binding decision with less hassle
Private not public forum
Each case decided on own merits
Module 18: Hybrids
Types of Hybrids
1. Mediation/Arbitration- the parties agree to mediate first, but they also agree up front
that if no mediated settlement is possible then they will shift to arbitration. Strength: A
decision will eventually be reached. Weakness: If a new arbitrator has to come in, they
have to be sped up on what was missed, which takes time.
2. Collaborative Law- Collaborative law brings together the parties and their lawyers
together for a series of conversations to resolve the conflict. Lower cost than going to
trial, the disputants are the negotiators making it easier to restore relationships.
3. Ombudsperson- An ombudsperson is an independent neutral officer within a large
organization. Their role is to investigate complaints regarding the functioning of the
organization; to look at both sides, and to secure redress if the complaint is justified.
4. Partnering- Partnering is a long-term commitment between two or more organizations
for the purpose of achieving a specific business objective. It attempts to reorient the
parties from a them and us mentality to a we approach.
5. Moderated Settlement Conference-The disputants present case to a panel of three
neutrals who give a non-binding opinion. This approach uses three people, as this
carries more weight than a single person

Module 19: Civil Adjudication

Court Adjudication: - Based on a Balance of Probabilities

Right- based approach to resolving conflict
Courts task is to ascertain the rights of the individual before court and then to determine
what outcome flows from these rights
Power-element: court has the power to enforce its ruling
civil adjudication deals with conflicts between people where the events do not fall within
the purview of the criminal code which establishes what acts are criminal
In civil court adjudication, the rules are created by society through the legislative system
or by court precedent and the case is controlled by the system. We will address the
distinction between civil and criminal adjudication in the module on criminal law.
Civil Court Adjudication is a dispute resolution process in which the parties or their
lawyers present proofs and arguments to a neutral third party who is appointed by
society to make a binding decision that is based on standards set by society
usually no juries here and basically both parties try to convince the judge that their side
is correct and then the decision by judge is made strictly on evidence presented
money is the solution to most civil wrongs such as the party at wrong would pay the
other party remedy in the matter of money.
The Steps In a Civil Court Adjudication:
1. plaintiff files a claim, the defendant responds with a defence to the claim
2. parties engage in discovery - the process of exchanging documents and interviewing the
other parties. the system is built on idea that all parties are entitled to see any of the
documents related to the case that other party has. also, each party through their lawyer
is entitled to interview the other party to see what they know about the case
3. parties determine what evidence to present, and what witnesses to call
4. pre-trial conference with a judge to clarify issues
5. in some jurisdictions mandatory mediation
6. trial
7. judgement

Main Reasons for entering a civil court:

breaching contract issues where people enter agreements and obligated with rights to
enforce
torts: civil law wrongs that are not criminal and are not related to contract that result in
compensation of some kind.
family law issues: divorce, separations of non-married couples, child care, family asset
dividing etc.
administrative law: set of rules related to various boards and commissions such as
human rights tribunal, refugee board, school boards etc.
constitutional law: law related to issues arising from the constitution, including what level
of government has which power, whether legislation complies with the division of powers
etc.
The Difference Between Civil Court Adjudication and Arbitration
Adjudication

Arbitration

dispute resolution process

dispute resolution process

present proofs

disputant present proof

arguments

arguments

to a neutral third party

to a third party chosen by disputants

power by society

given power by disputants

binding decision

binding decision

based on some standard

based on objective standard

Module 20: Criminal Adjudication

criminal law in Canada is federal jurisdiction where parliament of Ottawa establishes
whether or not it is a crime.
the criminal law does not focus on morality. Here, it is not interested in why someone
committed a crime, except to the extent that it creates a defence. So focus is what to do
with the person after they have committed the offence.
it is an adversarial system where the task of prosecution is to present evidence that
shows that the offence was committed by the accused and task of defence is show that
the prosecution is wrong. Burden of proof lies with the crown so defence just needs to
raise the reasonable doubt.
all criminal cases move through similar procedure
o start with investigation of crime.
o then application will be made for arrest warrant where the court authorizes the
police to take the accused into custody
o accused will appear in court to be formally charged with offence and enter the
initial plea of guilty or not guilty and to determine whether they can be released
prior to trial. if release granted, then there will be set terms provided.
o for serious offence, there will be a preliminary inquiry, which is court hearing to
determine if there is sufficient evidence to go to trial

date set for trial. for lesser crimes, trial before judge; for more serious crimes, trial
before judge and jury
o in jury trial, jury limited to determining guilt. if find guilty, then process moves to
sentencing.
o throughout process, accused can at any time enter guilty plea and then process
would enter sentencing
o throughout process, accused is entitled to presumption of innocence.
basically: what laws have been broken? (criminal law), Are they guilty and who did it?
(blame), what sentence is appropriate? (punishment)
victim not connected to the decision making system - done through lawyer and judge.
Summary of the Philosophies of Criminal Justice:
o

Philosophy

Principles

Retribution

13th century
judeo-christian
idea of blood atonement

wrong is righted by inflicting similar harm

offender (morally) deserves this

Utilitarian

rational choice theory

18th century
criminal law reforms

punishment must maximize social good

least amount that will deter (specific and
general)

Rehabilitation

behaviour sciences
19th century

crime is an illness that needs to be

treated
offender needs to be reformed

neo-classical economics
political libertarianism
mid to late 20th century

communitarian
return to ancient wisdom
ancient-future

Restitution

Restoration

some shifts towards victims (mostly

toward cost of crime)
offender should pay debt to society and
victim
relational nature of crime
crime as harm
justice as healing

Module 21 & 22: Restorative Justice

restorative justice has had significant effect on recidivism such as with circles of support
and accountability to reduce sexual re-offences with high risk sex offenders
victims express satisfaction since able to directly speak with person who harmed them
and get questions answered which also allows offenders to get satisfaction in getting
chance to explain themselves
Justice Needs
the person harmed can shift away from a sense of connection to other people and
experience isolation, stigmatization, and shame; experience the world as chaotic,
disordered, and confusing
hosts of needs that follow these experiences:
o safety
o empowerment
o acknowledgment
o vindication

answers
restitution
set of needs created by these experiences:
o
o

there is a need to be accountable to those harmed for the harm done

there is a need to find the opportunity for personal transformation
the offender needs support
there is the need for incapacitation
Restorative justice is an approach to dealing with crime that orients itself around the
needs created by the harms caused by crime.
Key Questions, Power, and Decision Making
The key questions for restorative justice:
Who has been hurt or impacted?
What are their needs?
Whose obligation/responsibility is it to meet these needs?
What is the best process to address hurt and accountability?
What needs to be done to put things right as possible
It is a circle where those most directly impacted by the events speak to each other. The circle
also includes a facilitator and there may be others involved - the community within which the
participants live, family members, the state, may all be present as well.
o
o
o
o

Key Principles
Full participation and consensus
o Participation is voluntary
o Decisions based on consensus
o Community members involved
Healing What has been broken

Issue is harm done

Offender sees consequences of behaviour
Held accountable
Voices of both parties heard
Can lead to healing for both, moving forward
Full and direct accountability
o Offender has opportunity to acknowledge behavior
Reuniting what has been divided
o Crime breaks community
o Reunite victim and offender
o Roles are temporary
Strengthens Community
o Future focus, focus on society
o Crime connected to distribution of power in community
Restorative Justice in Practice
Encounter Practices: victim offender mediation where can happen directly, through
dialogue or in circle conferences
Restorative Models: circles of support and accountability which are offender focused
and changing the way they live and helping them
Transformative Approach: allows extended family together with professional working
with the family (in situations like child being removed from a family)
o
o
o
o
o

Module 23: Ethics

Intervention ethics: the system of defining right behaviour for those of us who work to
intervene in the conflicts others are experiencing
All professional bodies have codes of ethics. However a mediator is not a profession that
is governed or licensed.
The Principle of Self Determination: the interests of the mediator cannot be in conflict
with the interests of either of the parties. A mediator must maintain independence and
impartiality, and act in a way that allows both parties full engagement and allows both
parties full opportunity to participate.
In mediation situations, the mediator has an ethical duty to not reveal confidential
information, and stay committed to the contract regarding fees, and standards.
Mediators need to be constantly vigilant regarding their behaviour to ensure that they do
not unthinkingly direct the parties in the mediators preferred direction.
Conflict of Interest: the interests of the mediator cant be in conflict with the interests of
either of the parties, affect neutrality
Confidentiality & its limits: Clients complete confidentiality, without the consent of the
parties you cant carry what you hear from party in caucus to the other
Caucus= meeting with the clients separately
Quality of the process & fees: professional obligation to develop & lead a process
thats of high quality, and to be clear with clients about all fees
Ethics for Mediators: Agreement to proceed, client ability to negotiate, full disclosure
Ethics Beyond the code: who is at the negotiation table, level of personally
responsibility (if 1 party is unwilling)
Limits to Confidentiality: The child & family services act provides that if a person has
reasonable grounds to suspect a child may be in need of protection they have an
obligation to report to the child and family services office

Mediators need to be constantly vigilant regarding their behaviour to ensure that they
dont unthinkingly direct the parties in the mediators preferred direction
o Mediator is a mediator not an arbitrator and so they shouldnt make
recommendations even at the parties request

Module 24: REVIEW:

Definitions of Conflict Peace & violence: Keep the definitions in mind, understanding of
the way parties are engaging in conflict
Stages, levels of conflict & conflict resolution: where are the parties on the escalation
scale knowing the levels guides your interaction as a mediator
Circle of Conflict/drivers: having a sense of the drives at play will enable you to tailor
your responses
System Analysis: homeostasis - how is the system resisting change or resolution. The
symptom bearer- who is the person that seems to the problem, are they really the
problem? Emotional triangles - whos triangled in, if you step in how you function, self
differentiation
Conflict Styles: what styles are people using how is that helping or hindering resolution
Positions & interests: do an analysis of positions & interests, how can you use that
analysis to help people function differently with each other
Rights, Interests & Power Analysis: how is rights, interests & power analysis present &
shaping the conflict, how can you use them to help people find resolution - which one
should get the most focus
After looking over all this^ think about which approach is best: interpersonal dialogue,
negotiation, hybrids, arbitration, adjudication
Then Consider what would lead to restoration: forgiveness, apology and
retribution/restorative justice

Good Luck to Everyone!