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Mediation Theory and Practice


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Table of Contents

Each chapter concludes with "Summary."



1. 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.

2. 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.

3. 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.

4. Pre-Mediation Activities.
Contacting Disputants.Goals to Accomplish During Intake Coordination.Setting the Stage.Ethical Issues for Pre-Mediation Caseworkers.

5. 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.

6. 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.

7. 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.

8. 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.

9. Problem Solving and Negotiation.
The Two Worlds of Negotiation.How Involved Is the Mediator in the Negotiation?Mediator Techniques for Fostering Disputant Problem Solving.Starting the Negotiation.Techniques for Fostering Cooperative Negotiation.Establishing Criteria.Brainstorming.Linking and Unlinking.Logrolling.Role-Reversal.Focus on Future Relationship Goals.Cost-Cutting.Coaching.Techniques for Traditional Negotiation.Create Common Value.Fractionate Apparent Differences.Build Contingent Agreement.Bring Time Into the Agreement.Sliding Scales.Maximize Relative Value.Avoid Early Commitment.Discover the Bargaining Range.Using the Caucus to Respond to Common Problems.Not Bargaining in Good Faith.Breaking Deadlocks.Face-Saving.Mediator Ethics and the Negotiation Phase.

10. Settlement and Closure.
Why Write Agreements?Types of Agreements.Is Agreement Legally Binding or Legally Non-Binding?A Format for Writing Mediation Agreements.Choosing the Language of the Agreement.Creating Durable Agreements.The Writing Process.Closing a Non-Agreement Mediation.

11. The World of the Mediator.
Variations on Basic Mediation.Co-mediation Model.Panel Model.Extended Pre-mediation.Mediation and the Internet.Mediation as a Profession.Standards of Professional Conduct.Mediator Professional Competencies.Mediation Skills in Everyday Life.The Promise of Mediation.


Appendix A: Mediation and Culture Readings.

Appendix B: Role Plays.

Promotional Information

By blending theory with practical application, Mediation Theory and Practice introduces the process of mediation while grounding the student in informative research and theory. Mediation Theory and Practice provides a thorough introduction to the ever expanding world of mediation and balances the knowledge components of mediation with practical skills, while providing instructors and students with tools to increase competency in the skills of mediation.

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