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