Coverart for item
The Resource How Mediation Works : Theory, Research, and Practice

How Mediation Works : Theory, Research, and Practice

How Mediation Works : Theory, Research, and Practice
How Mediation Works
Title remainder
Theory, Research, and Practice
How Mediation Works will introduce management and law students as well as businesses to this art of conflict resolution from the behavioral perspective, while also providing a valuable resource to continuing education programs, mediation training, and lawyers to familiarize clients with the mediation process
Cataloging source
Literary form
non fiction
Nature of contents
How Mediation Works : Theory, Research, and Practice
How Mediation Works : Theory, Research, and Practice
Related Contributor
Related Location
Related Agents
Carrier category
online resource
Carrier category code
Carrier MARC source
Content category
Content type code
Content type MARC source
  • Front Cover -- How Mediation Works -- Copyright Page -- About the Authors -- Contents -- Acknowledgments -- Introduction -- Chapter 1 Conflict, Disputes, and Their Resolution -- Conflict and Disputes -- Three Approaches to Dispute Resolution -- Power -- Rights -- Interests -- Reference -- Chapter 2 Dispute Resolution Processes -- Negotiation -- Court -- Arbitration -- Mediation -- Interest-based or Facilitative Mediation -- Rights-based or Evaluative Mediation -- Hybrid Dispute Resolution Processes -- Choosing a Dispute Resolution Process -- Reasons for Choosing Mediation -- No Agreement on a Dispute Resolution Process -- References -- Suggested Reading -- Chapter 3 The Roles of the Mediator and the Disputing Parties at Each Step of the Mediation Process -- Getting to Mediation -- Addressing Reluctance to Mediate -- Selecting a Mediator -- Mediator Fees -- Choosing a Place and Time to Mediate -- Pre-Mediation Discussions -- Pre-Mediation Briefs -- Written Agreements -- Joint Meeting or Separate Meetings to Begin the Mediation -- Beginning the Mediation -- The Mediator's Role -- Introduction of Those Present -- Ensuring the Attendance (or Availability) of All Necessary Parties -- Rules of Mediation -- Respect -- Rules of Evidence -- Commitment -- Voluntary Nature of Mediation -- Searching for a Mutually Acceptable Resolution of the Dispute -- Opening Statements -- Moving from Positions to Interests -- Techniques for Identifying Interests and Priorities -- Defining and Ordering Issues -- Separate Sessions as Means of Encouraging the Parties to Share All Relevant Information with the Mediator -- Mediator Guidelines for Conducting Separate Sessions -- Other Mediator Techniques for Encouraging Disclosure of Interests and Priorities -- The Case of the Travelling Mechanic -- Developing Potential Settlements -- Seeking Creative Proposals from the Parties
  • Working with the Parties' Proposals -- Different Types of Agreement -- Agreements of Limited Duration -- Contingent Agreements -- Trade-offs -- Agreements between Parties with a Continuing Relationship -- Mediator Proposals -- Splitting the Difference -- Encouraging Each Party to Make the Best Offer It Can, Consistent with Its Interests and Priorities -- Aiding Each Party in Comparing the Best Agreement Available in Mediation with the Best Outcome It Can Reasonably Expect Outside Mediation (Batna) -- Ending the Mediation -- Conclusion -- References -- Recommended DVDs Demonstrating Different Approaches to Mediation -- Suggested Reading -- Mediation Provider Organizations -- Chapter 4 Dealing with Difficulties -- The Inability of the Disputing Parties to Reach Agreement -- Unwillingness to Make the First Offer -- Strong Emotions -- Each Party Thinks Only of Proving It Is "Right" and the Other Party Is "Wrong" -- The Parties Are Not Candid with the Mediator in Separate Session -- Behavioral Issues -- The Party Who Is Silent or Nearly So -- The Party Who Raises Irrelevant Issues -- One Party Engages in Disruptive Behavior -- The Mediator Who Finds One Party More Sympathetic or Appealing -- The Mediation Appears to Be at Impasse -- Bringing the Parties together for a Final Try at Reaching Agreement -- Warning the Parties that the Mediator Will Terminate the Mediation if No Agreement Is Reached by a Certain Date or Time -- A Mediator Settlement Proposal -- The Parties Reach a Tentative Agreement that the Mediator Views as Unfair to One of Them -- References -- Recommended Mediation Demonstration DVDs -- Suggested Reading -- Chapter 5 Mediation and the Law -- Encouraging Disputants to Be Candid in Mediation -- Mediation Privilege -- Confidentiality Agreements -- Mediator Responsibilities Regarding Confidentiality
  • Disputants' Obligations to Attend and Engage in Mediation -- Mediators' Obligations to Act Impartially and with Clarity and Integrity -- Conflicts of Interest -- Fee Structure -- Mixed Professional Practices -- Over-Promising -- Preservation of the Disputants' Free Choice Regarding Whether to Settle in Mediation -- Mediation Quality Enhancement -- Entry-Level Mediator Qualifications -- Continuing Education and Evaluation -- Procedures and Criteria for Case Selection -- Protecting the Justice System's Role and Reputation -- Conclusion -- References -- Chapter 6 So You'd Like to Be a Mediator? -- Determine If You Have the Skills to Be a Successful Mediator -- Take a Basic Training Course in Mediation -- Get the Right Credentials -- Seek a Mentor -- Market Your Services -- Keep Up with Developments in Mediation -- Mediate in Your Everyday Life -- Don't Quit Your Day Job -- References -- Links to Organizations and Journals of Interest -- Suggested Reading -- ADR blogs -- Index
{'f': ''}
1 online resource (137 pages)
Form of item
Media category
Media MARC source
Media type code
unknown sound
Specific material designation

Library Locations

    • Folsom LibraryBorrow it
      110 8th St, Troy, NY, 12180, US
      42.729766 -73.682577
Processing Feedback ...