The Practitioner's Guide to Mediation A Client Centered Approach

by Erickson, Stephen K.; McKnight, Marilyn S.

• ISBN13: 9780471353683
• ISBN10: 047135368X
• Edition: 1st
• Format: Hardcover
• Copyright: 2000-10-30
• Publisher: Wiley

Summary

"The breadth of this book is astounding-they have taken so much of what mediators do and put it all into just this one book." -Diane Neumann, diane neumann&associates, divorce mediation services What is mediation and why is it needed? Who can become a mediator? How can you incorporate mediation into your practice? Are there any pitfalls? The Practitioner's Guide to Mediation answers all of these critical questions and much more as it guides you through the process of breaking into this lucrative field. Written by the leading experts on the subject and founders of the Erickson Mediation Institute, this practical guidebook will provide you with all the information you'll need to incorporate mediation into your existing range of services and build a successful practice. Packed with helpful advice and tips, Erickson and McKnight clearly show you how to confidently mediate family, divorce, and workplace disputes. They also take you step-by-step through their client-centered approach so that you can develop new ways of thinking to resolve conflicts that will benefit everyone.

Author Biography

STEPHEN K. ERICKSON, JD, and MARILYN S. McKNIGHT, MA, are the founders of Erickson Mediation Institute, a leading mediation facility. They hold numerous training workshops and lectures throughout the year on mediating a variety of conflicts. Erickson and McKnight are also the authors of Mediating Divorce published by Jossey-Bass.

Table of Contents

What Is Mediation?	1	(22)
Introduction	1	(2)
Mediation Is Not New; It Is a New Way of Thinking	3	(1)
Blueprint for Becoming a Mediator	4	(1)
Mediation's Bright Future	5	(4)
Litigation Does Not Work	6	(3)
Considering Mediation as a Professional Practice	9	(8)
Mental Health Professionals	9	(5)
Family Law Attorneys	14	(3)
Not All Mediators Practice Client-Centered Mediation	17	(4)
Conclusion	21	(2)
The Client-Centered Mediation Model	23	(32)
Introduction	23	(1)
Client-Centered Divorce Mediation	24	(3)
A Future-Oriented Approach	25	(2)
Characteristics of Client-Centered Mediation	27	(26)
Opportunity versus Contest	28	(2)
Old Thinking	30	(1)
New Thinking	31	(22)
Conclusion	53	(2)
The Mediation Process and the Mediator's Role	55	(28)
Overview of Divorce Mediation	55	(5)
Initial Consultation	56	(2)
Working Mediation Sessions	58	(1)
Finalizing the Mediation Process	59	(1)
The Role of the Mediator	60	(7)
Connecting Emotionally with Clients	61	(1)
Managing the Mediation Process	62	(1)
Addressing the Issues	63	(1)
Mediator Tools, Skills, and Techniques	64	(3)
Mediator Neutrality	67	(1)
Being Neutral About Divorce	68	(12)
Building Blocks for Settlement	71	(3)
Offering Ideas and Options	74	(1)
Gender Neutrality	75	(2)
Power Imbalance	77	(3)
Conclusion	80	(3)
The ABCs of Divorce Mediation	83	(30)
Introduction	83	(2)
What Is Divorce Mediation?	85	(5)
Why Divorce Mediation Is a Growing Field	88	(1)
Relationship Circle	88	(2)
Mediating Parenting Agreements	90	(9)
What's the Difference?	91	(2)
History	93	(3)
The Reason Mediation Was Needed in the First Place	96	(2)
Client-Centered Divorce Mediation	98	(1)
The Community of Professionals	99	(13)
Neutral Experts	100	(1)
Therapists	101	(2)
Accountants and Financial Planners	103	(3)
Real Estate Appraisers	106	(1)
Mortgage Bankers	106	(1)
Career Consultants	107	(1)
Business Appraisers	108	(1)
Actuaries	108	(1)
Doctors and Other Medical Specialists	109	(1)
Chemical-Dependency Counselors	109	(1)
How to Become a Neutral Expert	110	(2)
Conclusion	112	(1)
Mediating Workplace and Other Nondivorce Disputes	113	(30)
Introduction	113	(4)
The Problem	114	(3)
Case Study	117	(15)
Background	117	(1)
Orientation	118	(2)
Deciding Who Should Attend	120	(1)
Discussing Confidentiality	121	(1)
Setting the Stage for Cooperation	122	(2)
Signing the Agreement to Mediate	124	(1)
Unfolding their Stories	125	(1)
Managing the Discussions	126	(2)
Uncovering Needs and Interests	128	(2)
Considering Options	130	(1)
Choosing Options	131	(1)
Client-Centered Community Mediation	132	(8)
Conclusion	140	(3)
Mediation Training	143	(30)
Characteristics of a Mediator	144	(13)
Being Nonjudgmental	145	(2)
Being a Holistic Listener	147	(1)
Being Willing to Understand and Manage Conflict	148	(1)
Being Able to Clarify Communication	149	(3)
Being Intuitive	152	(2)
Being Nondirective	154	(2)
Being Able to Think Creatively	156	(1)
Believing Passionately in the Value of Mediation	157	(1)
Believing in the Capacity of People to Mediate	157	(1)
What Motivates Someone to Become a Mediator?	157	(5)
Choosing a Client-Centered Mediation Training	162	(9)
The Trainers	162	(2)
The Curriculum	164	(1)
Conflict-Resolution Theory	165	(3)
Conceptual Framework of Mediation	168	(3)
Conclusion	171	(2)
Building a Mediation Practice	173	(22)
Rest, Rest, and More Rest	174	(1)
Continuing to Learn About Divorce Mediation	175	(3)
Networking with Divorce Professionals	178	(1)
Join Mediation and Other Organizations	179	(2)
Mentoring	181	(1)
Practice Models	181	(5)
Expand Your Practice to Include Mediation	182	(2)
Offer to Work with Another Professional Practice	184	(1)
Establish a Mediation Group Practice	184	(2)
Opening Your Own Mediation Practice	186	(7)
Develop a Business Plan	187	(1)
Meet with the SBA	187	(1)
Plan a Marketing and Public Relations Strategy	187	(5)
Web Page	192	(1)
Conclusion	193	(2)
Ethical Standards and Accountability	195	(24)
Preamble	196	(1)
Initiating the Process	196	(2)
Procedures	198	(1)
Impartiality and Neutrality	199	(1)
Mediator Comments About Violence and Intimidating Behavior	200	(1)
Costs and Fees	200	(1)
Confidentiality and Exchange of Information	201	(4)
Self-Determination	205	(4)
Professional Advice	209	(1)
Parties' Ability to Negotiate	210	(1)
Concluding Mediation	211	(2)
Training and Education	213	(1)
Advertising	213	(1)
Relationship with Other Professionals	214	(1)
Advancement of Mediation	215	(1)
Other Standards of Practice	216	(1)
Mediator Accountability	217	(1)
Conclusion	217	(2)
The Future Impact of Mediation Practice	219	(4)
Future Predictions	220	(2)
Conclusion	222	(1)
Appendix A. Agreement to Mediate	223	(6)
Appendix B. Mediation Service Fee Schedule	229	(2)
Appendix C. Divorce Mediation Questionnarie	231	(10)
Appendix D. Memorandum of Agreement	241	(14)
Appendix E. Academy of Family Mediators	255	(6)
References	261	(2)
Resources	263	(4)
Index	267