Mediation Theory and Practice

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  • Edition: 1st
  • Format: Paperback
  • Copyright: 2004-05-17
  • Publisher: Pearson
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By blending theory with practical application,Mediation Theory and Practiceintroduces the process of mediation while grounding the student in informative research and theory.Mediation Theory and Practiceprovides a thorough introduction to the ever expanding world of mediation and balances the knowledge components of mediation with practical skills, while providing instructors and students with tools to increase competency in the skills of mediation.

Table of Contents

Introduction to Mediation
Why Mediate?
How Do People Find Their Way to Mediation?
Contexts of Mediation
Resolving Disputes: Power, Rights, and Interests
Resolving Through Power
Resolving Through Rights
Interest-Based Resolution
Historic Roots of Alternative Dispute Resolution
The Dispute Resolution Continuum
Culture Clash and Mediation
A Disclaimer About Mediation Training
The Basic Components of Mediation
Philosophical Assumptions
Overview of Mediation Models
Integrating Philosophies
Variables That Make a Difference In Mediation Models
Mediator Opening Statement
Storytelling and Issue Identification
Agenda Building
Negotiating and Problem Solving
Testing and Writing Settlement Agreements or Agreeing to Disagree
Essential Skills for Mediators
An Overview of Mediator Skills
Trusting and Controlling the Process
Listening: A Bedrock Skill for Mediators
Listening to Nonverbal Communication
Listening Interculturally
The Mediator's Role as a Listener
Clarifying and Asking Questions: Bedrock Skills for Mediators
Ethical Issues and Listening
Pre-Mediation Activities
Contacting Disputants
Goals to Accomplish During Intake Coordination
Setting the Stage
Ethical Issues for Pre-Mediation Caseworkers
Mental and Tactical Preparations for the Mediation Session
Mediator Roles
Ethical Considerations for Mediators
Conclusions About Mediator Ethics
Disputant Roles
Analyzing Stakeholders
Who Should Come to the Mediation Table?
The Mediation Plan
Conflict Causes and Mediator Moves
Cultural Awareness
Conflict Analysis
Conflict Assessment Tools
Elements of the Case Theory
The Mediator's Opening Statement
Functions of the Opening Statement
Opening Statement Styles
Monologue Style
Interactive Style
Opening Statement Dynamics
Key Components of the Opening Statement
Building Credibility and Rapport
The Relationship Between Opening Statements and Mediator Control
Note Taking for Mediators
Storytelling and Issue Identification
Theories of Storytelling
Functions of Storytelling
The Need to be Heard
The Need to be Acknowledged
Mediator Strategies in Initial Storytelling
Conflict Causes and Mediator Moves
Overcoming Common Pitfalls in Storytelling
Setting the Agenda for Negotiation
Mediator Note Taking and the Agenda
When to Shift to the Agenda Step
Components of the Agenda
Ordering the Agenda List
Who Decides the Order of the Agenda?
Strategies for Ordering the Agenda
Methods of Agenda Ordering
Issues for Continuing Relationships
Packing and Unpacking
The Language of the Agenda
Problem Solving and Negotiati
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