List of Cases, Views, and Role-Play Scenarios
Preface
Acknowledgments
About the Authors
Chapter 1: Introduction to Mediation
Why Mediation?
Benefits for the Disputants
Benefits for the Mediator
How Do People Find Their Way to Mediation?
Victim–Offender Mediation
School-Based Peer Mediation
Government and Court-Annexed Mediation
Power, Rights, and Interests
Resolving through Interests
The Dispute Resolution Continuum
Informal Conflict Management
A Disclaimer about Mediation Training
Portfolio Assignment 1.1: Starting Your Mediator Portfolio
Portfolio Assignment 1.2: Personal Reflections
Chapter 2: The Basic Components of Mediation
Philosophical Assumptions
Comparing the Three Approaches
Variables That Make a Difference in Mediation Models
Premediation or No Premediation
Allow Uninterrupted Disputant First Statements or Control When and How Long Each Person Speaks
Allow, Require, or Forbid Private Meetings between the Mediator and the Parties
Require an Agenda before Negotiating, Negotiate as You Go, or Slide Back and Forth between Issue Identification and Negotiation
Consider the Parts of the Mediation as Functional Phases or as Chronological Steps
Focus on the Problem, Focus on the Emotions, or Balance Problems and Emotions
Prescribe Automatic First Moves within Phases or Allow Mediator Choice
Allowing or Prohibiting Parties to Speak to Each Other
Writing and Signing or Not Signing Agreements
Phases in the Balanced Mediation Model
Does Culture Matter in Mediation?
Portfolio Assignment 2.1: Personal Reflections on Mediation Philosophy
Portfolio Assignment 2.2: Personal Reflections on Culture
Chapter 3: Essential Skills for Mediators
An Overview of Mediator Skills
Trusting and Controlling the Process
Listening: A Bedrock Skill for Mediators
Variables That Affect Listening
Skills for Listening to Content, Emotion, and Relationship
Listening to Nonverbal Communication
Clarifying and Asking Questions
Open versus Closed Questions
Genuinely Curious Questions
Listening Interculturally
Ethical Issues and Listening
Portfolio Assignment 3.1: Emotional Paraphrases
Portfolio Assignment 3.2: The Open-Ended Question
Chapter 4: Premediation Activities
Goals to Accomplish During Intake
Information-Gathering Role
Portfolio Assignment 4.1: The Referral Sourcebook
Portfolio Assignment 4.2: Intake and Agreement to Mediate Forms
Chapter 5: Ethical Considerations and Tactical Preparations
Ethical Considerations in the Mediation Community
Ethical Considerations for Mediators
Neutrality and Impartiality
Conclusions about Mediator Ethics
Common Causes of Conflict
Conflict Causes and Mediator Moves
Portfolio Assignment 5.1: Ethical Codes of Conduct
Portfolio Assignment 5.2: Mediator Supplies
Portfolio Assignment 5.3: Personal Reflections That Deepen Cultural Awareness
Chapter 6: The Mediator’s Opening Statement
Managing Arrivals and Seating
Opening Statement Functions
Opening Statement Dynamics
Key Components of the Opening Statement
Establishing Stakeholders
Explaining the Nature and Scope of Mediation
Explaining the Mediator’s Role
Explaining Impartiality and Neutrality
Giving a Confidentiality Statement
Disclosing Notetaking Purposes
Establishing Ground Rules
Discovering Time Constraints
Explaining the Role of Outside Experts
Securing the Commitment to Begin
Transitioning to Storytelling
Building Credibility and Rapport
The Relationship between Opening Statements and Mediator Control
Portfolio Assignment 6.1: Creating Your Personal Opening Statement
Portfolio Assignment 6.2: Creating Your Personal Notetaking Form
Chapter 7: Storytelling and Issue Identification
Functions of Storytelling
Mediator Strategies in Storytelling
One Storyteller at a Time
General Inquiry Questions
Specific Inquiry Questions
Establishing Agreed-Upon “Facts”
Weighing the Importance of Disagreements
Recognizing Turning Points
Overcoming Common Pitfalls during Storytelling
Pitfall 1: Unchecked Power Differences
Pitfall 2: Allowing Blaming and Attacking
Pitfall 3: Acting on Overstatements or Generalizations
Pitfall 5: Permitting Interrupting and Bickering
Pitfall 6: Mismanaging Emotional Outbursts
Pitfall 7: Letting One Party Monopolize Time or Control the Process
Pitfall 8: Being Overwhelmed with Evidence
Conflict Causes and Mediator Moves
Portfolio Assignment 7.1: The Vision Quest
Portfolio Assignment 7.2: Reframes
Portfolio Assignment 7.3: Personal Reflection
Chapter 8: Setting the Agenda for Negotiation
Mediator’s Notes Are the Building Blocks of the Agenda
When to Shift to the Agenda Step
The Commonality Statement
Sequencing the Agenda List
Who Decides the Order of the Agenda?
Considerations When Choosing the Agenda Sequence
Adding an Issue for Continuing Relationships
Alternate Methods of Creating the Agenda
Framing the Agenda Neutrally and Mutually
Portfolio Assignment 8.1: Methods of Ordering the Agenda
Portfolio Assignment 8.2: Transitioning to the Agenda
Chapter 9: Problem Solving and Negotiation
The Two Worlds of Negotiation
Directiveness vs. Intrusiveness
Mediator Techniques to Foster Disputant Problem Solving
Techniques for Cooperative Negotiation
Techniques for Traditional Negotiation
Using the Caucus to Respond to Common Problems
Not Bargaining in Good Faith
Lying or Withholding Information
Techniques to Break through Impasse
Ending the Negotiation Phase
Mediator Ethics and the Negotiation Phase
Portfolio Assignment 9.1: Questions to Start Negotiation
Portfolio Assignment 9.2: Going into Caucus
Portfolio Assignment 9.3: Personal Reflections on Face
Chapter 10: Settlement and Closure
Is the Agreement Legally Binding or Legally Nonbinding?
A Format for Writing Mediation Agreements
Choosing the Phrasing of the Agreement
Agreements Use Direct Language
Agreements Generally Are Positive
Agreements Arise from the Parties’ Words
Creating Durable Agreements
Future Communication Clauses
Final Reading and Signing
Closing a Nonagreement Mediation
Portfolio Assignment 10.1: Memorandum of Agreement Form
Chapter 11: The World of the Mediator
Variations on Basic Mediation
Mediation and the Internet
Mediation as a Profession
Employment Opportunities for Mediators
Cross-Training and Life Skills
Standards of Professional Conduct
Professional Mediator Competencies
Mediation Skills in Everyday Life
Portfolio Assignment 11.1: My Current Skill Level
Appendix A: Practice Cases
Appendix B: Mediator Skills Checklist
Glossary
References
Index
Sage College Publishing
