Mediation Theory and Practice

ISBN-10: 0205361080

ISBN-13: 9780205361083

Edition: 2005

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Book details

List price: $80.60
Copyright year: 2005
Publisher: Allyn & Bacon, Incorporated
Publication date: 5/17/2004
Binding: Paperback
Pages: 240
Size: 6.75" wide x 9.00" long x 0.75" tall
Weight: 0.990
Language: English

Preface
Acknowledgements
Introduction to Mediation
Why Mediate?
How Do People Find Their Way to Mediation?
Contexts of Mediation
Resolving Disputes: Power, Rights, and Interests
Resolving Through Power
Resolving Through Rights
Interest-Based Resolution
Historic Roots of Alternative Dispute Resolution
The Dispute Resolution Continuum
Litigation
Arbitration
Med-Arb
Mediation
Culture Clash and Mediation
A Disclaimer About Mediation Training
The Basic Components of Mediation
Philosophical Assumptions
Overview of Mediation Models
Integrating Philosophies
Variables That Make a Difference In Mediation Models
Pre-Mediation
Mediator Opening Statement
Storytelling and Issue Identification
Agenda Building
Negotiating and Problem Solving
Testing and Writing Settlement Agreements or Agreeing to Disagree
Closure
Post-Mediation
Essential Skills for Mediators
An Overview of Mediator Skills
Trusting and Controlling the Process
Listening: A Bedrock Skill for Mediators
Listening to Nonverbal Communication
Listening Interculturally
The Mediator's Role as a Listener
Clarifying and Asking Questions: Bedrock Skills for Mediators
Ethical Issues and Listening
Pre-Mediation Activities
Contacting Disputants
Goals to Accomplish During Intake Coordination
Setting the Stage
Ethical Issues for Pre-Mediation Caseworkers
Mental and Tactical Preparations for the Mediation Session
Mediator Roles
Ethical Considerations for Mediators
Conclusions About Mediator Ethics
Disputant Roles
Analyzing Stakeholders
Who Should Come to the Mediation Table?
The Mediation Plan
Conflict Causes and Mediator Moves
Cultural Awareness
Conflict Analysis
Conflict Assessment Tools
Elements of the Case Theory
The Mediator's Opening Statement
Functions of the Opening Statement
Opening Statement Styles
Monologue Style
Interactive Style
Opening Statement Dynamics
Key Components of the Opening Statement
Introductions
Building Credibility and Rapport
The Relationship Between Opening Statements and Mediator Control
Note Taking for Mediators
Storytelling and Issue Identification
Theories of Storytelling
Functions of Storytelling
The Need to be Heard
The Need to be Acknowledged
Mediator Strategies in Initial Storytelling
Conflict Causes and Mediator Moves
Overcoming Common Pitfalls in Storytelling
Setting the Agenda for Negotiation
Mediator Note Taking and the Agenda
When to Shift to the Agenda Step
Components of the Agenda
Ordering the Agenda List
Who Decides the Order of the Agenda?
Strategies for Ordering the Agenda
Methods of Agenda Ordering
Issues for Continuing Relationships
Packing and Unpacking
The Language of the Agenda
Problem Solving and Negotiati
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