Mediation Process Practical Strategies for Resolving Conflict

ISBN-10: 0787964468
ISBN-13: 9780787964467
Edition: 3rd 2003 (Revised)
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Description: This comprehensive guide to the principles and practice of mediation offers concrete strategies for every stage of the mediation process.

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Book details

List price: $60.00
Edition: 3rd
Copyright year: 2003
Publisher: John Wiley & Sons, Incorporated
Publication date: 4/30/2003
Binding: Paperback
Pages: 624
Size: 6.25" wide x 9.00" long x 1.75" tall
Weight: 1.430
Language: English

This comprehensive guide to the principles and practice of mediation offers concrete strategies for every stage of the mediation process.

Preface
Understanding Dispute Resolution and Mediation
Approaches to Managing and Resolving Conflict
The Singson-Whittamore Dispute
Conflict Management and Resolution Approaches
The Mediation Process
A Definition of Mediation
The Historical Practice of Mediation
The Contemporary Practice of Mediation
Mediation Around the World
How Mediation Works
Variations in Mediator Roles and Procedures
Variations in Mediator Directiveness and Focus
Mediation, Culture, and Gender
The Approach to Describing the Mediation Process
Mediation Activities: Moves and Interventions
Hypothesis Building and Mediation Interventions
The Stages of Mediation
Variables That Influence Mediation Strategies and Activities
Laying the Groundwork for Effective Mediation
Managing Initial Contacts with the Disputing Parties
Tasks of the Mediator in the Entry Stage
Implementation of Entry
Selecting a Strategy to Guide Mediation
The Mediator-Disputant Relationship and Decision Making
The Approach and Arena Decision
Interests to Be Satisfied
Possible Dispute Outcomes
Range of Approaches
Criteria for Selecting an Approach and Arena
Commitment to Approach and Arena
Coordination of Approaches and Arenas
Collecting and Analyzing Background Information
Framework for Analysis
Data Collection Methods
Direct Observation and Site Visits
Data Collector
Data Collection Strategy
Interviewing Approach
Interview Questions and the Listening Process
Conflict Analysis
Presentation of Data and Analysis to Disputing Parties
Designing a Detailed Plan for Mediation
Participants in Negotiations
Location of Negotiations
Physical Arrangement of the Setting
Negotiation Procedures
Issues, Interests, and Settlement Options
Psychological Conditions of the Parties
Ground Rules and Behavioral Guidelines
Developing a Conceptual Agenda for First Joint Negotiations
Education of Parties
Possible Deadlocks
Building Trust and Cooperation
Strong Emotions
Components of Emotion
Unrealistic and Realistic Conflict and Emotions
Responses to Negative Emotions
Misperceptions and Stereotypes
The Mask-Mirage Analogy
Reinforcement of Perceptual Change
Legitimacy Problems
Lack of Trust
Poor Communication
Nonverbal Communication
Cultural Approaches
Conducting Productive Mediations
Beginning the Mediation Session
Opening Statement by Mediator
Opening Statements by Parties
Facilitation of Communication and Information Exchange
Creation of a Positive Emotional Climate
Cultural Variations
Transition to the Next Stage
Defining Issues and Setting an Agenda
Topic Areas and Issues
Identifying and Framing Issues
Variables in Framing and Reframing Issues
Determining an Agenda
Procedural Assistance from the Mediator
Cultural Approaches
Uncovering Hidden Interests of the Disputing Parties
Difficulties in Identifying Issues
Procedures for Identifying Interests
Positive Attitudes Toward Interest Exploration
Indirect Procedures for Discovering Interests
Direct Procedures for Discovering Interests
Positions, Interests, and Bluffs
Interest Identification, Acceptance, and Agreement
Framing Joint Problem Statements in Terms of Interests
Cultural Approaches
Generating Options for Settlement
Development of an Awareness of the Need for Options
Detachment of Parties from Unacceptable Positions
Strategies for Option Generation
General Procedures for Generating Options
Specific Option-Generation Procedures
Forums for Option Generation
Types of Settlement Options
Option Generation in the Singson-Whittamore Case
Cultural Approaches
Reaching a Settlement
Assessing Options for Settlement
The Settlement Range
Recognition of the Settlement Range
Option Evaluation in the Singson-Whittamore Case
Cultural Approaches
Conducting Final Bargaining and Reaching Closure
Final Bargaining on Substantive and Procedural Issues
Incremental Convergence
Leap to Agreement
Formulas and Agreements in Principle
Procedural Means of Reaching Substantive Decisions
Possible Substantive and Procedural Outcomes to a Conflict
Deadlines
Mediators and Deadline Management
Culture, Time, and Deadlines
Psychological Closure and the Redefinition of Parties' Relationships
Cultural Approaches
Achieving Formal Agreement or Settlement
Procedural Closure and Implementation and Monitoring
Criteria for Compliance and Implementation Steps
Monitoring the Performance of Agreements
Cultural Approaches and Monitoring
Provisions and Procedures for Resolving Future Disputes
Reaching Substantive Closure and Formalizing the Agreement
Substantive Agreement and Commitment-Inducing Procedures
Closure, Ritual, and Symbolic Conflict Termination Activities
Cultural Approaches
Strategies for Dealing with Special Situations
Caucuses
Exerting Mediator Influence
Management of the Negotiation Process
Power Balance Between Parties
Grand Strategies for Responding to Temporal Sources of Conflicts
Approaches for Mediating Disputes Involving Strong Values
Approaches for Responding to Value Differences Without Changing a Party's Beliefs
Approaches for Responding to Values That Strive to Satisfy Interests
Approaches to Creating New Commonly Held Values
Refer Value Conflicts to a Third-Party Decision Maker
Strategies for Multiparty Mediation
Negotiations and Teams
Spokesperson Models
Multiparty Negotiations
Teams with Constituents
Toward an Excellent Practice of Mediation
Associations and Conferences
Codes of Ethics and Standards of Practice
Training, Education, and Professional Development
Promoting the Field and Ensuring Competence and Quality
Conclusion: Challenges for the Growth and Development of Mediation
Professional Practice Guidelines: The Association for Conflict Resolution (ACR) Ethical Standards of Professional Responsibility
Mediation Services Agreement: Sample Waiver and Consent Form
Settlement Documentation Form: Sample Memorandum of Understanding
List of Professional Associations and Organizations, Journals, and Training Resources
References
About the Author
Name Index
Subject Index

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