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
  • 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
  • 5: Negotiation and Conflict Resolution
    • 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
• Part Two: Laying the Groundwork for Effective Mediation
  • 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
  • 7: Making Initial Contacts with Disputing Parties
    • 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
  • 8: Collecting and Analyzing Background Information
    • 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
  • 9: Designing a Plan for 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
• Part Three: Conducting Productive Mediation Meetings
  • 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
  • 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
• Part Four: Strategies for Responding to Special Situations
  • 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
  • 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
• Part Five: Toward an Excellent Practice of Mediation
  • 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
• Resource A: Professional Practice Guidelines
  • 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
• Resource B: Mediation Services Agreement
• Resource C: Checklist for Mediator Opening Remarks/Statement
• Resource D: Settlement Documentation Form
• References
• About the Author
• Index

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