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The Mediation Process: Practical Strategies for Resolving Conflict, 4th Edition

Book Description

The Fourth Edition of a seminal work in the field of mediation and conflict resolution

For almost thirty years, conflict resolution practitioners, faculty, and students have depended on The Mediation Process as the all-inclusive guide to the discipline. The most comprehensive book written on mediation, this text is perfect for new and experienced conflict managers working in any area of dispute resolution—family, community, employment, business, environmental, public policy multicultural, or international. This is the expert's guide, and the Fourth Edition has been expanded and revised to keep pace with developments in the field. It includes new resources that will promote excellence in mediation and help disputants reach durable agreements and enhance their working relationships.

  • Includes expanded information on the latest approaches for providing mediation assistance

  • Features comprehensive guidelines for selecting the right strategy for both common and unique problems

  • Utilizes updated, contemporary case studies of all types of disputes

  • Offers expanded coverage of the growing field and practice of intercultural and international mediation

  • Table of Contents

    1. Title page
    2. Copyright page
    3. Dedication
    4. Preface
      1. Audience
      2. Overview of the Contents
      3. Acknowledgments
    5. Part One: Understanding Disputes, Conflict Resolution, and Mediation
      1. 1: Approaches for Managing and Resolving Disputes and Conflicts
        1. The Whittamore-Singson Dispute
        2. Conflict Management and Resolution Approaches and Procedures
      2. 2: The Mediation Process: Mediator Roles, Functions, Approaches, and Procedures
        1. A Definition of Mediation
        2. Some Variations in Mediator Relationships to Parties and Assistance
        3. Variations of Mediators' Targets, Focus, Levels of Interventions, and Direction
        4. “Schools” of Mediation
        5. The Focus of the Remainder of This Book
      3. 3: The Practice of Mediation
        1. Historical and Cultural Roots of Mediation: Religious and Customary Practices
        2. Contemporary Practice of Mediation
        3. Mediation Around the World
      4. 4: Conflict Analysis: Understanding the Causes of Conflicts and Opportunities for Collaboration
        1. The Circle of Conflict: Causes of Disputes and Opportunities for Collaboration
        2. Factors That Are Sources or Causes of Conflict and Opportunities for Collaboration
        3. Options, Understandings, Agreements, and Outcomes
        4. Note
      5. 5: Negotiation and Conflict Resolution
        1. Transactional and Conflict Resolution–Oriented Negotiations
        2. How Mediators Work with Various Orientations and Procedures for Negotiations
    6. Part Two: Laying the Groundwork for Effective Mediation
      1. 6: The Mediation Process: An Overview
        1. The Stages of the Mediation Process
        2. Preparation Stages, Goals, Tasks, and Activities
        3. Mediation Session Stages, Tasks, and Activities
      2. 7: Making Initial Contacts with Disputing Parties
        1. Tasks of the Mediator in the Entry Stage
        2. Implementation of Entry
      3. 8: Collecting and Analyzing Background Information
        1. Framework for Analysis
        2. Timing of Data Collection
        3. The Data Collector
        4. Data Collection Methods
        5. Direct Observation and Site Visits
        6. Data Collection Strategies
        7. Interviewing Approaches
        8. Communication and Interviewing Procedures and Skills
        9. Recording Information
        10. Data Collection by Co-Mediators and in Multiparty Disputes
        11. Conflict Analysis
        12. Presentation of Data and Analysis to Disputing Parties
        13. Making a Go/No-Go Decision on Whether or Not to Proceed with Mediation
      4. 9: Designing a Plan for Mediation
        1. Participants in Negotiations
        2. Location and Venue for Mediation
        3. Physical Arrangement of the Venue
        4. General Consideratons for Designing a Plan for Mediatiation
        5. Detailed Planning to Begin the First Joint Mediation Session
        6. Thinking about Mutual Education of Parties
        7. Developing Strategies to Respond to Possible Deadlocks
    7. Part Three: Conducting Productive Mediation Meetings
      1. 10: Beginning Mediation
        1. Welcoming the Parties
        2. Handling Introductions and Opening Communications
        3. The Mediator's Opening Statement and Discussion of Aspects of the Mediation Process
        4. Cultural Variations
      2. 11: Presenting Parties' Initial Perspectives and Developing an Agenda
        1. Opening Statements by Parties
        2. Facilitation of Communication and Information Exchange in Opening Statements
        3. Creation of a Positive Emotional Climate
        4. Cultural Variations in Parties' Opening Statements
        5. Framing Issues and Setting an Agenda
        6. Identifying and Framing Issues
        7. Variables in Framing and Reframing Issues
        8. Framing and Reframing Broad Topic Areas for Discussion
        9. Developing the Agenda
        10. Handling Difficult Framing and Agenda Develolpment Issues
        11. Cultural Approaches to Agenda Formation
      3. 12: Educating about Issues, Needs, and Interests and Framing Problems to Be Resolved
        1. Determining What Information Needs to Be Presented and Exchanged
        2. Where Information Should Be Presented and Exchanged
        3. How to Promote Effective Presentations and Exchange of Information
        4. Difficulties in Identifying Needs and Interests
        5. Cultivating Positive Attitudes Toward Interest Exploration
        6. Procedures for Assisting Parties to Educate Each Other and Present and Clarify Needs and Interests
        7. Direct Procedures for Identifying Interests
        8. Positions, Interests, and Bluffs
        9. Interest Identification, Acceptance, and Agreement
        10. Framing Joint Problem Statements
        11. Cultural Approaches
      4. 13: Generating Options and Problem Solving
        1. Development of an Awareness of the Need for Multiple Options
        2. Detachment of Parties from Unacceptable Positions
        3. General Approaches and Strategies for Option Generation
        4. General Strategies for Generating Options
        5. Specific Option-Generation Procedures
        6. Forums for Option Generation
        7. Option Generation in the Whittamore-Singson Case
        8. Cultural Approaches
      5. 14: Evaluating and Refining Options for Understandings and Agreements
        1. Evaluating Settement Ranges, Positions, and Options
        2. Evaluation Criteria and Procedures
        3. Recognizing and Enhancing a Positive Joint Settlement Range
        4. Review Possible Outcomes to a Conflict
        5. Refining Options
        6. Option Evaluation and Refining Options in the Whittamore-Singson Case
        7. Cultural Approaches
      6. 15: Reaching Understandings and Agreements and Achieving Closure
        1. Strategies for Reaching Final Agreements
        2. Incremental Convergence
        3. Links, Trades, and Joint Development of Package Agreements
        4. Formulas and Agreements in Principle
        5. Leap to Agreement
        6. Procedural Means to Reach Substantive Agreements
        7. Mediator Assistance to Recognize and Confirm Understandings and Agreements
        8. Reaching Substantive Closure and Formalizing the Agreement
        9. Procedural Closure
        10. Psychological Closure and Redefinition of Parties' Relationships
        11. Closure, Ritual, and Symbolic Conflict Termination Activities
        12. Reaching Agreements and Achieving Closure in the Whittamore-Singson Case
        13. Cultural Approaches
      7. 16: Implementing and Monitoring Understandings and Agreements
        1. Procedural Closure, Implementation, and Monitoring
        2. Criteria for Compliance and Implementation Steps
        3. Monitoring the Performance of Agreements
        4. Provisions and Procedures for Resolving Future Disputes
        5. Implementing and Monitoring Agreements in the Whittamore-Singson Case
        6. Cultural Approaches to Monitoring
    8. Part Four: Strategies for Responding to Special Situations
      1. 17: Strategies for Responding to Special Situations
        1. Private Meetings
        2. Time, Timing, and Deadlines
        3. Mediators and Deadline Management
        4. Exerting Mediator Influence
        5. Management of the Negotiation Process
        6. Power Balance between Parties
        7. Mediation, Culture, and Gender
        8. Grand Strategies for Responding to Temporal Sources of Conflicts
        9. Approaches for Mediating Disputes Involving Strong Beliefs or Values
        10. Responding to Beliefs or Values without Trying to Change Them
        11. Respond to Beliefs and Values by Trading Satisfaction of Values or Translating Them into Interests
        12. Respond to Beliefs and Values by Creating Tensions between Those Held by One Party
        13. Identify Shared Superordinate Beliefs, Values, or Principles—or Create New Ones
        14. Refer Belief and Value Conflicts to a Third-Party Decision Maker
      2. 18: Strategies for Multiparty Mediation
        1. Negotiations and Teams
        2. Spokesperson Models
        3. Multiparty Negotiation Forums, Formats, and Procedures
        4. Teams with Constituents
    9. Part Five: Toward an Excellent Practice of Mediation
      1. 19: Toward an Excellent Practice of Mediation
        1. Codification of the Practice of Mediation and a Written Body of Knowledge
        2. Formal Training, University Courses, and Degrees
        3. Private Independent Practitioners and Organizations That Provide Professional Mediation Services
        4. Mediation and Dispute Resolution Associations
        5. Codes of Ethics and Standards of Practice
        6. Qualifications for Specific Areas of Practice
        7. Regulating Entry, Practice, and Performance of Practitioners
    10. Resource A: Professional Practice Guidelines
      1. The Model Standards of Conduct for Mediators—2005
      2. Notes
    11. Resource B: Mediation Services Agreement
    12. Resource C: Checklist for Mediator Opening Remarks/Statement
    13. Resource D: Settlement Documentation Form
    14. References
    15. About the Author
    16. More from Wiley
    17. Index
    18. End User License Agreement