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