The Mediation Process

by Moore, Christopher W.

• ISBN13: 9780787902483
• ISBN10: 0787902489
• Edition: 2nd
• Format: Hardcover
• Copyright: 1996-05-01
• Publisher: Jossey-Bass Inc Pub

Summary

Winning Techniques for Every Situation In this long-awaited, expanded edition, mediation Expert Christopher Moore presents a detailed, step-by-step account of how to use mediation to resolve conflicts of all kinds. Packed with real-life examples, it illustrates how to resolve even the most difficult disputes, showing what to do when strong emotions are involved, communication is poor, hidden agAndas sidetrack negotiations, and deadlocks occur. Addresses some of the day2s most pressing mediation issues involving commercial, legal, family, divorce, labor/management, discrimination, home/school, multiethnic, and community disputes, as well as international negotiation.An Instructor2s Manual is available free of charge upon written request.

Author Biography

Christopher W. Moore is a founding partner in CDR Associates, a mediation, conflict management, and training firm based in Colorado with clients worldwide. In addition to working with companies and many levels of government in the United States, Moore has conducted training programs in countries such as Indonesia, Russia, Guatemala, and South Africa

Table of Contents

Preface	xiii
The Author	xix
Part One: Understanding Dispute Resolution and Mediation
Approaches to Managing and Resolving Conflict	3	(38)
The Singson-Whittamore Dispute
Conflict Management and Resolution Approaches
The Mediation Process
How Mediation Works	41	(40)
Variations in Mediator Roles and Procedures
Variations in Mediator Directiveness and Focus
The Approach to Describing the Mediation Process
Mediation Activities: Moves and Interventions
Hypothesis Building and Mediation Interventions
The Stages of Mediation
Variables That Influence Mediation Strategies and Activities
Part Two: Laying the Groundwork for Effective Mediation
Managing Initial Contacts with the Disputing Parties	81	(17)
Tasks of the Mediator in the Entry Stage
Implementation of Entry
Selecting a Strategy to Guide Mediation	98	(16)
The Mediator-Disputant Relationship and Decision Making
The Approach and Arena Decision
Collecting and Analyzing Background Information	114	(27)
Framework for Analysis
Data Collection Methods
Data Collector
Data Collection Strategy
Interviewing Approach
Interview Questions and the Listening Process
Conflict Analysis
Presentation of Data and Analysis to Disputing Parties
Designing a Detailed Plan for Mediation	141	(20)
Participants in Negotiations
Location of Negotiations
Physical Arrangement of the Setting
Negotiation Procedures
Issues, Interests, and Settlement Options
Psychological Conditions of the Parties
Ground Rules and Behavioral Guidelines
Plan for First Joint Negotiations
Education of Parties
Possible Deadlocks
Building Trust and Cooperation	161	(32)
Strong Emotions
Misperceptions and Stereotypes
Legitimacy Problems
Lack of Trust
Poor Communication
Part Three: Conducting Productive Mediations
Beginning the Mediation Session	193	(20)
Opening Statement by Mediator
Opening Statements by Parties
Facilitation of Communication and Information Exchange
Creation of a Positive Emotional Climate
Cultural Variations
Transition to the Next Stage
Defining Issues and Setting an Agenda	213	(18)
Topic Areas and Issues
Identifying and Framing Issues
Variables in Framing and Reframing Issues
Determining an Agenda
Procedural Assistance from the Mediator
Cultural Variations
Uncovering Hidden Interests of the Disputing Parties	231	(13)
Difficulties in Identifying Issues
Procedures for Identifying Interests
Positive Attitudes Toward Interest Exploration
Indirect Procedures for Discovering Interests
Direct Procedures for Discovering Interests
Positions, Interests, and Bluffs
Interest Identification, Acceptance, and Agreement
Framing Joint Problem Statements in Terms of Interests
Generating Options for Settlement	244	(25)
Development of an Awareness of the Need for Options
Detachment of Parties from Unacceptable Positions
Strategies for Option Generation
General Procedures for Generating Options
Specific Option Generation Procedures
Forums for Option Generation
Types of Settlement Options
Option Generation in the Whittamore-Singson Case
Cultural Variations in Option Generation
Part Four: Reaching a Settlement
Assessing Options for Settlement	269	(11)
The Settlement Range
Recognition of the Settlement Range
Option Evaluation in the Whittamore-Singson Case
Culture and the Assessment of Settlement Options
Conducting Final Bargaining	280	(21)
Incremental Convergence
Leap to Agreement
Formulas and Agreements in Principle
Procedural Means of Reaching Substantive Decisions
Deadlines
Mediators and Deadline Management
Culture, Time, and Deadlines
Achieving Formal Agreement or Settlement	301	(17)
Implementing the Agreement
Criteria for Compliance and Implementation Steps
Monitoring the Performance of Agreements
Culture and Implementation
Formalizing Settlement
Strategies for Dealing with Special Situations	318	(30)
Caucuses
Mediator Power and Influence
Power Balance Between Parties
Multiperson Negotiation Teams
Teams with Constituents
Toward an Excellent Practice of Mediation	348	(25)
Associations and Conferences
Codes of Ethics and Standards of Practice
Training, Education, and Professional Development
Promoting the Field and Ensuring Competence and Quality
Conclusion: Challenges for the Growth and Development of Mediation	373	(6)
Resource A. Professional Practice Guidelines: The Society of Professionals in Dispute Resolution (SPIDR) Ethical Standards of Professional Responsibility	379	(6)
Resource B. Mediation Services Agreement: Sample Waiver and Consent Form	385	(2)
Resource C. Settlement Documentation Form: Sample Memorandum of Understanding	387	(2)
Resource D. List of Professional Associations	389	(8)
References	397	(22)
Name Index	419	(6)
Subject Index	425