The Mediation Process: Practical Strategies for Resolving Conflict
Lýsing:
The Mediation Process has become one of the seminal works in the field of mediation and conflict resolution. The book is practical blend of theory, research, and practice with a useful how to approach to resolving disputes at various stages of development and resolution. Its case studies present a range of successful applications of mediation (interpersonal, child custody and divorce, commercial, business, organizational, public policy, environmental, intercultural and international) and strategies for intervention.
The book is widely used by both beginning and experienced practitioners around the world and has become a major text in many graduate, undergraduate programs, and certificate/training programs. In the new edition, the basic vision and format of the book will be maintained. Updates to the 4th edition include: Replace or update the range of cases to illustrate the spectrum of mediation practice Add more on several specific approaches to mediation transformative mediation, restorative justice and narrative mediation Expand the section on intercultural approaches to mediation based requests of some students who have used the book and insights in my most recent book, The Handbook on Global and Multicultural Negotiation Elaborate on differences between approaches and strategies for mediating interpersonal, organizational, public and multicultural disputes, and trying to break out interpersonal from multiparty in chapters Update the resources/bibliography Offer practitioner and instructor resources online for download.
Annað
- Höfundur: Christopher W. Moore
- Útgáfa:4
- Útgáfudagur: 2014-04-07
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- Format:Page Fidelity
- ISBN 13: 9781118419748
- Print ISBN: 9781118304303
- ISBN 10: 111841974X
Efnisyfirlit
- Title page
- Copyright page
- Contents
- List of Tables and Figures
- Dedication
- Preface
- Part One: Understanding Disputes, Conflict Resolution, and Mediation
- 1: Approaches for Managing and Resolving Disputes and Conflicts
- The Whittamore-Singson Dispute
- Conflict Management and Resolution Approaches and Procedures
- 2: The Mediation Process: Mediator Roles, Functions, Approaches, and Procedures
- Mediator Roles, Functions, Approaches, and Procedures
- A Definition of Mediation
- Some Variations in Mediator Relationships to Parties and Assistance
- Social Network Mediators
- Authoritative Mediators
- Independent Mediators
- Variations of Mediators’ Targets, Focus, Levels of Interventions, and Direction
- Mediators’ Focuses for Intervention
- Mediator’s Amount of Action and Direction
- Mediator Orientations toward Focus and Direction in Practice
- “Schools” of Mediation
- Process-Focused Schools
- Relationship-Focused Schools
- Substantively Focused Schools
- The Focus of the Remainder of This Book
- 3: The Practice of Mediation
- Historical and Cultural Roots of Mediation: Religious and Customary Practices
- Contemporary Practice of Mediation
- North America
- Mediation Around the World
- Africa
- Asia
- Europe
- Latin America
- The Middle East
- Oceania Pacific Region
- 1: Approaches for Managing and Resolving Disputes and Conflicts
- 4: Conflict Analysis: Understanding the Causes of Conflicts and Opportunities for Collaboration
- Understanding the Causes of Conflicts and Opportunities for Collaboration
- The Circle of Conflict: Causes of Disputes and Opportunities for Collaboration
- Three Broad Concepts about Conflict and Opportunities for Collaboration
- Issues, Needs, and Interests
- Factors That Are Sources or Causes of Conflict and Opportunities for Collaboration
- People and Parties
- Issues, Needs, and Interests
- Parties’ Histories, Relationships, and Interactions
- Emotions
- Information
- Communications
- Approaches, Procedures, and Strategies
- Power and Influence
- Structural Sources of Conflict and Opportunities for Collaboration
- Beliefs, Values, and Attitudes
- Options, Understandings, Agreements, and Outcomes
- Returning to Dividers and Connectors
- Transactional and Conflict Resolution–Oriented Negotiations
- Relationship-Based Negotiations
- Positional-Based Negotiations
- Interest-Based Negotiations
- How Mediators Work with Various Orientations and Procedures for Negotiations
- 6: The Mediation Process: An Overview
- The Stages of the Mediation Process
- Preparation Stages, Goals, Tasks, and Activities
- 1. Making Initial Contact with Parties
- 2. Collecting and Analyzing Background Information
- 3. Designing a Preliminary Mediation Plan
- Mediation Session Stages, Tasks, and Activities
- 1. Beginning Mediation
- 2. Presenting Parties’ Initial Perspectives and Developing an Agenda
- 3. Educating about Issues, Needs, and Interests and Framing Problems to Be Resolved
- 4. Generating Options and Problem Solving
- 5. Evaluating and Refining Options for Understandings and Agreements
- 6. Reaching Agreements and Achieving Closure
- 7. Implementing and Monitoring Understandings and Agreements, and Developing Mechanisms to Resolve P
- Tasks of the Mediator in the Entry Stage
- Building Credibility
- Establishing Rapport with Disputants
- Educating Participants About the Mediation Process
- Gaining a Commitment to Mediate
- Implementation of Entry
- Data Collection
- Problem Solving
- Framework for Analysis
- Timing of Data Collection
- The Data Collector
- Forums for Data Collection Interviews
- Data Collection Methods
- Direct Observation and Site Visits
- Reviews of Primary and Secondary Sources
- Interviewing
- Data Collection Strategies
- Identification of Parties
- Sequencing of Interviews
- Development of Rapport and Credibility
- Interviewing Approaches
- Focused Versus Nonfocused Interviews
- Structured Versus Nonstructured Interviews
- Communication and Interviewing Procedures and Skills
- Nonverbal Communication
- Listening and Feedback
- Questioning and Questions
- Recording Information
- Data Collection by Co-Mediators and in Multiparty Disputes
- Reporting Data
- Integration of Data
- Verification of Data
- Conflict Analysis
- Presentation of Data and Analysis to Disputing Parties
- Making a Go/No-Go Decision on Whether or Not to Proceed with Mediation
- Participants in Negotiations
- Friends, Witnesses, Constituents, and Secondary Parties
- Lawyers, Therapists, and Other Resource Persons
- The Media and Mediation
- Location and Venue for Mediation
- Physical Arrangement of the Venue
- General Consideratons for Designing a Plan for Mediatiation
- Psychological Conditions of the Parties
- Issues, Interests, and Settlement Options
- Negotiation Procedures
- Detailed Planning to Begin the First Joint Mediation Session
- Thinking about Mutual Education of Parties
- Developing Strategies to Respond to Possible Deadlocks
- 10: Beginning Mediation
- Welcoming the Parties
- Handling Introductions and Opening Communications
- Mediator and Participants’ Introductions and Statements About Their Backgrounds
- The Mediator’s Opening Statement and Discussion of Aspects of the Mediation Process
- Recognition and Affirmation of Parties’ Willingness to Meet and Seek Mutually Acceptable Solutions
- Clarification of Mediation, the Process to Be Used, and the Mediator’s Role
- Mediation as a Voluntary Process
- Statement about the Mediator’s Relationships with Parties, Neutrality, and Impartiality
- Identifying and Reaching Agreement on Proposed Mediation Procedures
- Explanation of and Agreement on the Use of Private Meetings
- Clarification of the Limits of Confidentiality
- Description and Agreement on Logistics
- Identification and Agreement on Meeting Guidelines
- Confirmation of Understandings on the Costs of Mediation and How They Will Be Handled
- Answers to Questions
- Commitment to Begin Mediation
- Making the Transition to the Next Stage
- Cultural Variations
- 11: Presenting Parties’ Initial Perspectives and Developing an Agenda
- Opening Statements by Parties
- The Problem of Limited Information
- Openings Focused on Substance
- Openings Focused on Procedure
- Openings Focused on the Relationships
- The Choice of Opening
- The Transition to Parties’ Opening Statements
- Facilitation of Communication and Information Exchange in Opening Statements
- Creation of a Positive Emotional Climate
- Cultural Variations in Parties’ Opening Statements
- Framing Issues and Setting an Agenda
- Identifying and Framing Issues
- Variables in Framing and Reframing Issues
- Reframing and Meaning
- Levels of Framing
- Reframing Issues, Positions, and Interests
- Implicit and Explicit Framing and Reframing and Timing
- Appropriate Language
- Mediators, Framing and Reframing
- Framing and Reframing Broad Topic Areas for Discussion
- Developing the Agenda
- Ad Hoc Development
- Simple Agenda
- Alternation of Issues
- Ranking by Importance
- Principled Agenda
- “Easier Items First”
- Building-Block or Contingent Agenda
- Trade-Offs or Packaging
- Handling Difficult Framing and Agenda Develolpment Issues
- Consensual or Interest-Based Conflicts
- Dissensual or Potentially Value-Based Conflicts
- Cultural Approaches to Agenda Formation
- Opening Statements by Parties
- 12: Educating about Issues, Needs, and Interests and Framing Problems to Be Resolved
- Determining What Information Needs to Be Presented and Exchanged
- Where Information Should Be Presented and Exchanged
- How to Promote Effective Presentations and Exchange of Information
- Difficulties in Identifying Needs and Interests
- Lack of Awareness of Needs and Interests
- Intentional Hiding of Needs and Interests
- Equating Needs and Interests with Specific Positions
- Lack of Awareness of Procedures for Exploring Needs and Interests
- Cultivating Positive Attitudes Toward Interest Exploration
- Procedures for Assisting Parties to Educate Each Other and Present and Clarify Needs and Interests
- Direct Procedures for Identifying Interests
- Positions, Interests, and Bluffs
- Interest Identification, Acceptance, and Agreement
- Framing Joint Problem Statements
- Cultural Approaches
- 13: Generating Options and Problem Solving
- Development of an Awareness of the Need for Multiple Options
- Detachment of Parties from Unacceptable Positions
- Psychological Means of Reducing Commitment
- Procedural Means of Reducing Commitment
- Leverage
- General Approaches and Strategies for Option Generation
- The Building-Block Approach to Settlement
- Identification of a Bargaining Formula or Agreements in Principle to Guide Option Generation and Set
- General Strategies for Generating Options
- Positional-Based Negotiations
- Interest-Based Negotiations
- Specific Option-Generation Procedures
- Ratification of the Status Quo
- Development of Objective Standards for an Acceptable Agreement
- Open Discussion
- Brainstorming
- Nominal Group Process
- Plausible Hypothetical Scenarios
- Vision Building
- Model Agreements
- Links-and-Trades
- Single-Text Negotiating Document
- Procedural Solutions to Reach Substantive Agreements
- Package Agreements
- Use of Outside Experts or Resources
- Mediator Suggestions
- Forums for Option Generation
- Option Generation in the Whittamore-Singson Case
- Cultural Approaches
- 14: Evaluating and Refining Options for Understandings and Agreements
- Evaluating Settement Ranges, Positions, and Options
- Evaluation Criteria and Procedures
- Evaluating the Satisfaction of Parties’ Interests
- Evaluating the Congruence of Options with Objective Standards and Criteria
- Evaluating the Potential Strength of Agreements
- Evaluating the Feasibility of Implementing Options
- Evaluating Options against the “Reasonable Person Test” or the “Pride Test”
- Evaluating Options Using Parties’ Intuitions and Feelings
- Recognizing and Enhancing a Positive Joint Settlement Range
- Handling a Negative Joint Settlement Range
- Review Possible Outcomes to a Conflict
- Inform One or More Parties That Their Counterparts Have Reached Their Bottom Line
- Develop a Response for a Genuine Negative Joint Settlement Range
- Refining Options
- Option Evaluation and Refining Options in the Whittamore-Singson Case
- Cultural Approaches
- 15: Reaching Understandings and Agreements and Achieving Closure
- Strategies for Reaching Final Agreements
- Incremental Convergence
- Fear of Overconceding or Revealing Bargaining Positions
- Fear of Being Perceived as Weak
- Negative Transference
- Fear of Rejection and Impasse
- Public Pressure on Negotiators
- Loss of Face
- Links, Trades, and Joint Development of Package Agreements
- Formulas and Agreements in Principle
- Leap to Agreement
- Procedural Means to Reach Substantive Agreements
- The Procedural-Time-Line Approach
- Third-Party Decision Makers
- Mechanical Decision-Making Procedures
- Postponement, Avoidance, and Issue Abandonment
- Integrative Approaches with Combinations of One or More of the above Strategies
- Mediator Assistance to Recognize and Confirm Understandings and Agreements
- Reaching Substantive Closure and Formalizing the Agreement
- Substantive Agreements, Closure, and Commitment-Inducing Procedures
- Voluntary Agreement and Commitment-Inducing Procedures
- Externally Induced Commitment Procedures
- Procedural Closure
- Psychological Closure and Redefinition of Parties’ Relationships
- Approaches for Promoting Psychological Closure
- Forgiveness and Reconciliation
- The Mediator’s Role in Forgiveness and Reconciliation
- Closure, Ritual, and Symbolic Conflict Termination Activities
- Reaching Agreements and Achieving Closure in the Whittamore-Singson Case
- Cultural Approaches
- 16: Implementing and Monitoring Understandings and Agreements
- Procedural Closure, Implementation, and Monitoring
- Criteria for Compliance and Implementation Steps
- Monitoring the Performance of Agreements
- Provisions and Procedures for Resolving Future Disputes
- Implementing and Monitoring Agreements in the Whittamore-Singson Case
- Cultural Approaches to Monitoring
- 17: Strategies for Responding to Special Situations
- Private Meetings
- Factors That May Make a Caucus Desirable or Necessary
- Timing for Private Meetings
- Locations and Venues for Private Meetings
- Protocol for Calling Private Meetings
- Private Meetings and Manipulation
- Time, Timing, and Deadlines
- Internally and Externally Established Deadlines
- Coordinated and Uncoordinated Deadlines
- Actual and Artificial Deadlines
- Rigid and Flexible Deadlines
- Deadlines with and without Consequences
- Explicit or Vague Deadlines
- Mediators and Deadline Management
- Making Parties Aware of Deadlines
- Assisting Parties to Effectively Use Deadlines
- Avoiding Deadline Dangers
- Culture, Time, and Deadlines
- Exerting Mediator Influence
- Coordinating Parties’ Means of Influence
- Management of the Negotiation Process
- Communication between and within Parties
- Physical Setting and Negotiations
- Timing in Negotiations
- Information Exchanged between Parties
- Authority
- Habits of Disputants
- Parties’ Doubts
- Appeals to Beliefs, Values, or Morals
- Rewards or Benefits
- Coercive Influence
- The Mediator’s Personality
- Using External Parties to Influence Disputants
- Experts
- Power Balance between Parties
- Symmetrical Power Relations
- Asymmetrical Power Relations
- Mediation, Culture, and Gender
- Grand Strategies for Responding to Temporal Sources of Conflicts
- Start with Past Issues and Relationships
- Work on the Past and Then Go to the Present
- Work on the Past and Then Go to the Future
- Do Not Start with the Past
- Start with Current or Present Issues and Relationships
- Start with Future Issues and Relationships
- Work on the Future and Then Go to the Present or Past
- Start with One Temporal Orientation and Switch to Another
- Approaches for Mediating Disputes Involving Strong Beliefs or Values
- Responding to Conflicts Involving Strong Beliefs and Values
- Why Are Conflicts Involving Beliefs and Values So Difficult to Resolve?
- General Considerations for Responding to Belief or Value Differences
- Responding to Beliefs or Values without Trying to Change Them
- Avoid Framing Issues or Problems in Terms of Belief or Value Differences
- Address or Resolve Peripheral Conflict Elements or Issues
- Change the Parties’ Relationships, Not Their Beliefs or Values
- Increase Understanding and Tolerance for Diverse Beliefs or Values
- Respond to Beliefs and Values by Trading Satisfaction of Values or Translating Them into Interests
- Respond to Beliefs and Values by Creating Tensions between Those Held by One Party
- Identify Shared Superordinate Beliefs, Values, or Principles—or Create New Ones
- Refer Belief and Value Conflicts to a Third-Party Decision Maker
- Private Meetings
- 18: Strategies for Multiparty Mediation
- Negotiations and Teams
- Team Dynamics and Mediation Strategies
- Types of Team Negotiations
- Spokesperson Models
- Multiparty Negotiation Forums, Formats, and Procedures
- Teams with Constituents
- Negotiations and Teams
- 19: Toward an Excellent Practice of Mediation
- Codification of the Practice of Mediation and a Written Body of Knowledge
- Formal Training, University Courses, and Degrees
- Training Programs
- University Programs
- Private Independent Practitioners and Organizations That Provide Professional Mediation Services
- Mediation and Dispute Resolution Associations
- Codes of Ethics and Standards of Practice
- Qualifications for Specific Areas of Practice
- Regulating Entry, Practice, and Performance of Practitioners
- Model Standards of Conduct for Mediators
- The Model Standards of Conduct for Mediators—2005
- Preamble
- Standard I. Self-Determination
- Standard II. Impartiality
- Standard III. Conflicts of Interest
- Standard IV. Competence
- Standard V. Confidentiality
- Standard VI. Quality of the Process
- Standard VII. Advertising and Solicitation
- Standard VIII. Fees and Other Charges
- Standard IX. Advancement of Mediation Practice
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- Útgáfuár : 2014
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