The Mediation Process: Practical Strategies for Resolving Conflict

Type
Book
ISBN 10
0787964468 
Category
303.69-Social Processes  [ Browse Items ]
Publication Year
2003 
Publisher
Pages
599 
Subject
Mediation.Conflict management. 
Description
Since it was first published in 1986, The Mediation Process has become a landmark resource for mediation practitioners, trainers, students, and professionals in corporate, legal, health care, education, and governmental arenas. This thoroughly revised and expanded third edition has been updated to include coverage of the most contemporary issues in mediation practice and to provide updated bibliographical resources. - from Amzon 
Biblio Notes
PART ONE: UNDERSTANDING DISPUTE RESOLUTION AND MEDIATION.
1. Approaches to Managing and Resolving Conflict.……………………………………….P. 3
The Singson-Whittamore Dispute.. Conflict Management and Resolution Approaches.. The Mediation Process.. A Definition of Mediation.. The Historical Practice of Mediation.. The contemporary Practice of Mediation.. Mediation Around the World
2. How Mediation Works. ……………………………………………………………..……..P.43
Variations in Mediation Role and Procedures.. Variations in Mediation in Directiveness and Focus.. Mediation, Culture and Gender.. The approach to Describing the Mediation process.. Mediation Activities: and Moves Interventions.. Hypothesis Building and Mediation Interventions.. The Stages of Mediation.. Variables that Influence Mediation Strategies and Activities.
PART TWO: LAYING THE GROUNDWORK FOR EFFECTIVE MEDIATION
3 managing initial contacts with the disputing parties…………………………………………...P. 85
Task of the Mediation in the Entry Stage.. Implementation of Entry
4. Selecting a Strategy to Guide Mediation………………………………………………P. 102
The Mediation-Disputant Relationship and decision Making.. The Approach and Arena Decision.. Interest to be Satisfied.. Possible Dispute Outcomes.. Range of Approaches.. Criteria for Selecting Approach and Arena.. Commitment to Approach and Arena.. Coordination of Approaches and Arena.
5. Collecting and Analyzing Background Information………………………………….p. 118
Framework for Analysis.. Data Collection Method.. Direct Observation and Site Visits.. Data collector.. Data collection Strategy.. Interviewing Approach.. Interview Questions and the Listening Process.. Conflict Analysis.. Presentation of Data and Analysis to Disputing Parties.
6. Designing a Detailed Plan for Mediation…………………………………………….……P.145
Participants in Negotiations.. Location of Negotiations.. Physical Arrangement of the Setting.. Negotiation Procedures.. Issue, Interest, and Settlement Options.. Psychological Condition of the Parties.. Ground rules and Behavioral Guidelines.. Developing a Conceptual Agenda for First Join Negotiation.. Education of Parties.. Possible Deadlocks.
7. Building Trust and Cooperation………………………………………………………p. 166
Strong Emotion.. Components of Emotion.. Unrealistic and Realistic Conflict and Emotions.. Responses to Negative Emotions.. Misperceptions and Stereotypes.. The Mask- Mirage analogy.. Reinforcement of Perceptual Change.. Legitimacy Problems.. Lack of Trust.. Poor Communication.. Nonverbal communication.. Cultural Approaches.
PART THREE: CONDUCTING PRODUCTIVE MEDIATIONS.
8. Beginning the Mediation Session…………………………………………………..p. 211
Opening statement by Mediator.. Opening Statement by Parties.. Facilitation of Communication and Information Exchange.. Creation of Possible Emotional Climate.. Culture Variation.. Transition to the Next Stage.
9. Defining Issues and Setting an Agenda……………………………………………..p. 232
Topic Areas and Issues.. Identifying and Framing Issues.. Variables in Framing and Reframing Issues.. Determining an Agenda.. Procedural Assistance From the Mediator.. Cultural Approaches
10. Uncovering Hidden Interests of the Disputing Parties……………………………P. 252
Difficulties in Identifying Issues.. Procedures for Identifying Interests.. Positive Attitudes Toward Interest Exploration.. Indirect Procedures for Discovering Interests.. Direct Procedures for Discovering Interest.. Position, Interest, and Bluffs.. Interest Identification, Acceptance and Agreement.. Framing Joint Problem Statements in Terms of Interests.. Cultural Approaches.
11. Generating Options for Settlement………………………………………………….p. 269
Development of an Awareness of the Need for Options.. Detachment of Parties from Unacceptable Position.. Strategies for Option Generation.. General Procedures for Generating Options.. Specific Option Generation Procedures.. Forums For Option Generation.. Types of Settlement Options.. Options Generation in the Singson-Whiteamore Case.. Cultural Approaches.
PART FOUR: REACHING A SETTLEMENT
12 Assessing Options for Settlement…………………………………………………….p. 297
The Settlement Range.. Recognition of the Settlement Range.. Option Evaluation in the Singson-Whittasmore Case.. Cultural Approaches.
13. Conducting Final Bargaining and Reaching Closure…………………………………….p. 309
Final Bargaining on Substantive and Procedural Issues.. Incremental Convergence.. Leap to Agreement.. Formulas and Agreements in Principle.. Procedural Means of Reaching Substantive Decisions.. Possible Substantive and Procedural Outcomes to a Conflict.. Deadline.. Mediators and Deadline Management.. Culture, Time and Deadline.. Psychological Closure and the Redefinitions of Parties’ Relationships.. Cultural Approaches
14. Achieving Formal Agreement or Settlement………………………………………….p. 348
Procedural Closure and Implementation and Monitoring.. Criteria for Compliance and Implementation Steps.. Monitoring the Performance of Agreements.. Cultural Approaches and Monitoring.. Provisions and Procedures for Resolving Future Disputes.. Reaching Substantive Closure and Formalizing the Agreement.. Substantive Agreement and Commitment- Inducing Procedures.. Closure, Ritual, and Symbolic Conflict Termination Activities.. Cultural Approaches.
15. Strategies for Dealing with Special Situations………………………………………p. 368
Caucuses.. Exerting Mediator Influence.. Management of the Negotiation Process.. Power Balance Between Parties.. Grand Strategies for Responding to Temporal Sources of Conflicts.. Approaches for Mediation Disputes Involving Strong Values.. Without Changing a party’s Beliefs.. Approaches for Responding to Values that Strive to Satisfy Interest.. Approaches to Creating New Commonly Held Values.. Refer Value Conflict to a third Party Decision Maker.
16. Strategies for Multiparty Mediation…………………………………………………p. 427
Negotiations and Teams.. Spokesperson Models.. Multiparty Negotiation.. Teams with Constituents.
17. Toward an Excellent Practice of Mediation………………………………………….p 442
Association and Conferences.. Codes of Ethnic and Standard of Practice.. Training, Education, and Professional Development.. Promotion the Field Ensuring Competence and Quality.
Conclusion: Challenges for the Growth and Development of Mediation.
 
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