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Mediation Theory and Practice
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Mediation Theory and Practice

Third Edition


April 2018 | 272 pages | SAGE Publications, Inc

Mediation Theory and Practice, Third Edition introduces students to the process of mediation by using practical examples that show students how to better manage conflicts and resolve disputes. Authors Suzanne McCorkle and Melanie J. Reese help students to understand the research and theory that underlie mediation, as well as provide students with the foundational skills a mediator must possess in any context, including issue identification, setting the agenda for negotiation, problem solving, settlement, and closure.

New to the Third Edition:

  • Expanded content on the role of evaluative mediation reflects the latest changes to the alternative dispute resolution field, helping students to distinguish between various approaches to mediation.
  • Additional discussions around careers in conflict management familiarize students with employment opportunities for mediators, standards of professional conduct, and professional mediator competencies.
  • New activities and case studies throughout each chapter assist students in developing their mediation competency.

Instructors, sign in at study.sagepub.com/mccorkle3e for a Microsoft Word test bank, sample course syllabi with term projects, chapter exercises and activities, and more!

Available with Perusall—an eBook that makes it easier to prepare for class
Perusall is an award-winning eBook platform featuring social annotation tools that allow students and instructors to collaboratively mark up and discuss their SAGE textbook. Backed by research and supported by technological innovations developed at Harvard University, this process of learning through collaborative annotation keeps your students engaged and makes teaching easier and more effective. Learn more


 
Chapter 1: Introduction to Mediation
Why Mediation?  
How Do People Find Their Way to Mediation?  
Power, Rights, and Interests  
The Dispute Resolution Continuum  
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  
Functional Models  
Integrating Philosophies  
Variables That Make a Difference in Mediation Models  
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  
Reframing Messages  
Listening to Nonverbal Communication  
Clarifying and Asking Questions  
Honoring Silence  
Listening Interculturally  
Ethical Issues and Listening  
Portfolio Assignment 3.1: Emotional Paraphrases  
Portfolio Assignment 3.2: The Open-Ended Question  
 
Chapter 4: Pre-Mediation Activities
Contacting Disputants  
Goals to Accomplish During Intake  
Setting the Stage  
Portfolio Assignment 4.1: The Referral Sourcebook  
Portfolio Assignment 4.2: Intake and Agreement to Mediate Forms  
 
Chapter 5: Ethical Considerations and Tactical Preparations
Mediator Roles  
Ethical Considerations in the Mediation Community  
Ethical Considerations for Mediators  
Disputant Roles  
Analyzing Stakeholders  
The Mediation Plan  
Common Causes of Conflict  
Conflict Causes and Mediator Moves  
Cultural Awareness  
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 Styles  
Opening Statement Dynamics  
Key Components of the Opening Statement  
Building Credibility and Rapport  
The Relationship between Opening Statements and Mediator Control  
Notetaking for Mediators  
Portfolio Assignment 6.1: Creating Your Personal Opening Statement  
Portfolio Assignment 6.2: Creating Your Personal Notetaking Form  
 
Chapter 7: Storytelling and Issue Identification
Theories of Storytelling  
Functions of Storytelling  
Mediator Strategies in Storytelling  
Conflict Causes and Mediator Moves  
Overcoming Common Pitfalls during Storytelling  
Portfolio Assignment 7.1: The Vision Quest  
Portfolio Assignment 7.2: Reframes  
 
Chapter 8: Setting the Agenda for Negotiation
The Mediator’s Notes Are the Building Blocks of the Agenda  
When to Shift to the Agenda Step  
Components of the Agenda  
Sequencing the Agenda List  
Alternate Methods of Creating the Agenda  
Framing the Agenda Mutually and Neutrally  
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  
Using the Caucus to Respond to Common Problems  
Breaking Deadlocks  
Face-Saving  
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
Why Write Agreements?  
Is the Agreement Legally Binding or Legally Nonbinding?  
A Format for Writing Mediation Agreements  
Choosing the Phrasing of the Agreement  
Creating Durable Agreements  
Final Reading and Signing  
Closing a Non-agreement Mediation  
Debriefing the Session  
Portfolio Assignment 10.1: Memorandum of Agreement Form  
 
Chapter 11: The World of the Mediator
Variations on Basic Mediation  
Mediation as a Profession  
Mediation Skills in Everyday Life  
The Promise of Mediation  
Portfolio Assignment 11.1: My Current Skill Level  

Supplements

Instructor Site

Password-protected Instructor Resources include the following:

    • A Microsoft® Word test bank, is available containing multiple choice, true/false, and essay questions for each chapter. The test bank provides you with a diverse range of pre-written options as well as the opportunity for editing any question and/or inserting your own personalized questions to assess students’ progress and understanding.
    • Editable, chapter-specific Microsoft® PowerPoint® slides offer you complete flexibility in easily creating a multimedia presentation for your course.
    • Sample course syllabi with term projects for semester and quarter courses provide suggested models for use when creating the syllabi for your courses.
    • Lively and stimulating chapter exercises and activities that can be used in class to reinforce active learning. The activities apply to individual or group projects.
    • Chapter-specific discussion questions help launch classroom interaction by prompting students to engage with the material and by reinforcing important content.
    • A set of all the graphics from the text, including all of the maps, tables, and figures, in PowerPoint, .pdf, and .jpg formats for class presentations.
    • Additional Cases that can be used for extra practice outside of the classroom in order to support the skills and techniques taught in class
      Sample Mediation Forms assist with the set up of the mediation and help guide the mediator through the process of mediation
Key features

New to the Third Edition:

  • Expanded content on the role of evaluative mediation reflects the latest changes to the alternative dispute resolution field, helping students to distinguish between various approaches to mediation.
  • Additional discussions around careers in conflict management familiarize students with employment opportunities for mediators, standards of professional conduct, and professional mediator competencies.
  • New activities and case studies throughout each chapter assist students in developing their mediation competency.
KEY FEATURES:
  • The Balanced Mediation Model is used throughout as the philosophical approach and integrating model.
  • Examples and case studies in every chapter illustrate key concepts and practices.
  • The benefits of mediation training in everyday life, as well as career opportunities for mediators, are covered in Chapter 11.
  • Chapter-ending discussion questions provide readers with opportunities to explore the intricacies of the theoretical discussions and to draw insights about the mediation process.
  • Full role-play practice cases are provided in an Appendix.

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Paperback
ISBN: 9781506363547
$86.00