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Mediation in the Workplace

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Table of Contents

Preface Introduction Theory and Practice Mediation Discussion Conflict Styles of Conflict Management Mediated Disputes Threats to the Mediation Process In-House Workplace Mediation Professional versus Peer Mediation The Legal System The Mediation Process The Mediation Process The Mediator Role Impartiality Mediation and Advocacy Mediation and Therapy The Physical Environment Mediator Opening Remarks Participant Opening Remarks Caucusing Asking Questions Rephrasing and Reframing Coping with Emotions Confidentiality Confidentiality During Caucusing Mediation Notes Legal Privilege Final Agreements Exercises Instructions Addressing Conflict Changing Circumstances Gaining Greater Perspective Impartiality Ethical Challenges Issues in the Workplace Practice Concerns Asking Questions Rephrasing and Reframing Dealing with Emotion Dealing with Lying Confidentiality Concerns Mock Mediations Mock Mediations Sally and Bob George and Tina Frank and Bill Program Implementation Mediation Program Administration Disputes for Mediation Mediation Oversight Committee Board of Mediators Procedural Rules Compliance Rules Mediation Disciplinary Guidelines Punitive Measures Appendix A: Agreement to Mediate Appendix B: Mediation Request Form Appendix C: Memorandum of Agreement Index

About the Author

REBECCA JANE WEINSTEIN is an attorney and social worker./e Her experience includes serving as executive director of the West Virginia Center for Dispute Resolution, a nonprofit organization dedicated to peaceful, nonviolent conflict resolution. She is also a former labor and employment lawyer, who represented members of the National Education Association in West Virginia. The owner of Mediation Alternatives, a mediation practice and training firm, she continues to pioneer alternative conflict resolution and mediation efforts.


"Very useful to HR professionals interested in increasing the knowledge of conflict management for both themselves and managers in their companies."-HR Magazine ?Very useful to HR professionals interested in increasing the knowledge of conflict management for both themselves and managers in their companies.?-HR Magazine "An excellent and much-needed guide for developing formal workplace mediation programs. This book should raise public consciousness about the need for non-adversarial problem-solving processes in organizations."-Dan Dana President, Mediation Training Institute International ( author of Managing Differences: How to Build Better Relationships at Work and Home "A comprehensive description of workplace mediation-what it is, how it works, and how to do it. This book makes the insights of the professional mediator available to managers involved in workplace mediation (programs)."-John Helie Strategic Development Director, Mediation Information and Resource Center Director and John R. Helie Associates, Mediation Services and Internet Communications Consulting "For the beginner or the advanced practitioner, this book provides wonderful insights into system design, mediation and case work. The use of case studies, reflective exercises and simulation scenarios allow the reader the chance to put theory into practice. A great book that touches on many aspects of dispute resolution practice."-Lieutenant-Commander Steve Levecque Dispute Resolution System Designer Canadian Military "Weinstein brings new meaning to the word comprehensive.' This book covers just about any consideration that could be involved in workplace mediation. The twelve-page table of contents is both a clue to the breadth of the information and is a valuable tool for quick access. The consultant, administrator, or trainer who uses this book will have a major head start."-Paul Wahrhaftig President Conflict Resolution Center International "This excellent and well written book stands out from among others in the field of Workplace Mediation as a beacon and is very highly applicable and appropriate for use here in the UK. It is brimful with valuable theoretical constructs and practical information. Undoubtedly it will prove to be a valuable resources for anyone in the spectrum of Workplace Mediation from novice to expert."-Everald Phillips Consultant and Director of Training The Center for Conflict Management, London, England

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