Efnisyfirlit

• About the Authors
• Dedication
• Authors’ Acknowledgments
• Table of Contents
• Introduction
• About This Book
• Conventions Used in This Book
• What You’re Not to Read
• Foolish Assumptions
• How This Book Is Organized
• Icons Used in This Book
• Where to Go from Here
• Part I: Acquiring the Keys to Mediation Success
• Chapter 1: Achieving Success as a Mediator
• Do You Have What It Takes?
• Choosing Your Path
• Checking Out Mediation Opportunities
• Mastering Essential Skills and Strategies
• Building a Successful Mediation Business
• Chapter 2: Choosing the Right Niche
• Identifying Your Natural Market
• Considering a Court-Annexed Mediation Practice
• Checking Out the Public Sector
• Pursuing Ombuds Work
• Scoping Out Restorative Justice and Victim-Offender Programs
• Giving Peace a Chance
• Consulting, Speaking, Training, and Publishing . . . for Experienced Mediators
• Chapter 3: Training for Your Chosen Market and Niche
• Acquiring Essential Legal Skills
• Transitioning from Lawyer to Mediator
• Getting Schooled
• Becoming a Subject Matter Expert
• Getting Certified or Qualified
• Arranging for On-the-Job Training
• Brushing Up on Ethical Standards for Mediators
• Part II: Becoming a Master Mediator
• Chapter 4: Navigating the Mediation Process
• Convening a Mediation
• Starting Off on the Right Foot
• Defining and Prioritizing the Issues
• Tackling One Issue at a Time
• Closing the Deal
• Chapter 5: Mediating with and without Lawyers
• Mediating Litigated Cases
• Mediating Nonlitigated Disputes
• Chapter 6: Exploring Different Mediation Styles
• Practicing Facilitative Mediation: The Concessions and Reciprocity Route
• Using Transformative Mediation to Repair Damaged Relationships
• Bringing the Parties Down to Earth with Evaluative Mediation
• Taking a Joint Session or Separate Caucus Approach
• Chapter 7: Honing Essential Mediation Skills
• Maintaining Confidentiality in Separate Caucuses
• Keeping a Neutral Position
• Probing with Diagnostic Questions
• Anchoring a Dispute
• Framing and Reframing
• Engaging in Interest-Based Negotiation
• Slicing the Pie with Distributive Bargaining
• Assigning a Monetary Value to a Loss
• Logrolling for Low-Cost, High-Value Concessions
• Forming Contingent Agreements to Calm the Fears of an Uncertain Future
• Appealing to Higher Values
• Chapter 8: Employing Conflict Dynamics to Resolve Any Dispute
• Examining the Nature of Conflict and How Disputes Arise from It
• Exploring Conflict Management Strategies and Tactics
• Discouraging Competitive Tactics
• Strategically Escalating and De-Escalating Conflict
• Dealing with Stereotypes
• Understanding, Avoiding, and Leveraging Cognitive Biases
• Part III: Improving Your Success Rate
• Chapter 9: Establishing and Maintaining Control
• Setting the Tone
• Dealing with Difficult Parties
• Uncovering Hidden Interests, Secret Constraints, and Absent Stakeholders
• Leading the Parties to the Inevitable Impasse
• Chapter 10: Transitioning from Adversarial Negotiation to Collaborative Mediation
• Overcoming Strategic Barriers to Transparency of Interests
• Unlocking the Door to Information Exchange
• Coaching to Empower and Guide the Parties
• Chapter 11: Capitalizing on Your People Skills
• Drawing On the Sources of Trust
• Using Mirroring to Empathize and Get the Parties to Follow Your Lead
• Attaining and Maintaining a State of Equanimity
• Tapping the Power of Persuasion to Keep the Process Rolling
• Ensuring Fair Play
• Bridging Cross-Cultural Gaps
• Chapter 12: Problem-Solving Like a Pro
• Defining and Prioritizing Problems
• Discovering and Inventing Solutions
• Getting at the Heart of the Dispute
• Building a Golden Bridge
• Dealing with the Irrationality of Monetary Solutions
• Bundling and Unbundling Issues
• Chapter 13: Breaking through Impasse
• Asking Diagnostic Questions
• Using a Decision Tree or Cost-Benefit Analysis
• Reframing to Readjust the Parties’ Perspectives
• Reaching Compromise on Nonnegotiable Demands and Offers
• Getting to Agreement via Concessions and Reciprocity
• Chapter 14: Closing and Memorializing the Parties’ Agreement
• Overcoming Last-Minute Missteps
• Getting the Agreement in Writing
• Part IV: Launching Your Own Mediation Practice
• Chapter 15: Building Your Business from the Ground Up
• Knowing When You’re Ready to Embrace Mediation Full Time
• Drafting a Business Plan and a Budget
• Setting Up Shop
• Setting Rates and Fees
• Joining a Panel to Share Fees and Reduce Overhead
• Chapter 16: Marketing Yourself and Your Business Online and Off
• Tuning In to Your Market
• Establishing an Online Presence
• Pressing the Flesh
• Chapter 17: Growing Your Business through Client Retention and Community
• Getting Repeat Business
• Growing Your Client Base through Referrals
• Joining Mediation Associations, Formal and Informal
• Getting the Most out of Mediation Conferences
• Speaking with and Training Fellow Mediators
• Part V: The Part of Tens
• Chapter 18: Ten Practices of the Super Mediator
• Exhibit Faith in Your Mediation Model
• Be Confident and Persistent
• Remain Humble
• Feel the Parties’ Pain
• Listen Actively; Respond Reflectively
• Ask for Feedback and Use It to Improve
• Be Respectful and Predictable
• Adjust to the Parties’ Preferences, Hopes, and Characteristics
• Expect and Elicit the Best in People
• Develop an Attitude of Ubuntu
• Chapter 19: Ten Major Mediating Mistakes and How to Avoid Them
• Arguing and Judging
• Delaying the Opening Offer
• Wallowing in Pessimism
• Sidelining the Parties
• Ignoring the Justice Issues
• Bargaining in the Nano-and Stratospheres
• Cutting the Baby in Half
• Telling the Parties That Their Concerns Aren’t Relevant to the Resolution
• Failing to Master Your Own Emotional Responses to Conflict
• Breaching Confidentiality with a Wink and a Nod
• Chapter 20: Ten Tips for Busting Impasse
• Harnessing the Power of Bracketing
• Using or Avoiding Mediator’s Proposals
• Making the Agreement Contingent upon Future Conditions
• Drafting a High-Low Agreement
• Engaging in Baseball Arbitration
• Calming Future Fears with Stipulated Judgments and Hammer Clauses
• Transforming a Dispute into a Business Opportunity
• Making Money Talk
• Resolving Justice Issues
• Strategically Using Apologies
• Index