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• Title page
• Copyright page
• Dedication
• Preface
• Audience
• Overview of the Contents
• Acknowledgments
• 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
• A Definition of Mediation
• Some Variations in Mediator Relationships to Parties and Assistance
• Variations of Mediators’ Targets, Focus, Levels of Interventions, and Direction
• “Schools” of Mediation
• 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
• Mediation Around the World
• 4: Conflict Analysis: Understanding the Causes of Conflicts and Opportunities for Collaboration
• The Circle of Conflict: Causes of Disputes and Opportunities for Collaboration
• Factors That Are Sources or Causes of Conflict and Opportunities for Collaboration
• Options, Understandings, Agreements, and Outcomes
• Note
• 5: Negotiation and Conflict Resolution
• Transactional and Conflict Resolution–Oriented 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
• Mediation Session Stages, Tasks, and Activities
• 7: Making Initial Contacts with Disputing Parties
• Tasks of the Mediator in the Entry Stage
• Implementation of Entry
• 8: Collecting and Analyzing Background Information
• Framework for Analysis
• Timing of Data Collection
• The Data Collector
• Data Collection Methods
• Direct Observation and Site Visits
• Data Collection Strategies
• Interviewing Approaches
• Communication and Interviewing Procedures and Skills
• Recording Information
• Data Collection by Co-Mediators and in Multiparty Disputes
• 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
• Location and Venue for Mediation
• Physical Arrangement of the Venue
• General Consideratons for Designing a Plan for Mediatiation
• 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
• The Mediator’s Opening Statement and Discussion of Aspects of the Mediation Process
• Cultural Variations
• 11: Presenting Parties’ Initial Perspectives and Developing an Agenda
• Opening Statements by Parties
• 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
• Framing and Reframing Broad Topic Areas for Discussion
• Developing the Agenda
• Handling Difficult Framing and Agenda Develolpment Issues
• 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
• 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
• General Approaches and Strategies for Option Generation
• General Strategies for Generating Options
• Specific Option-Generation Procedures
• 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
• Recognizing and Enhancing a Positive Joint Settlement Range
• Review Possible Outcomes to a Conflict
• 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
• Links, Trades, and Joint Development of Package Agreements
• Formulas and Agreements in Principle
• Leap to Agreement
• Procedural Means to Reach Substantive Agreements
• Mediator Assistance to Recognize and Confirm Understandings and Agreements
• Reaching Substantive Closure and Formalizing the Agreement
• Procedural Closure
• Psychological Closure and Redefinition of Parties’ Relationships
• 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
• Time, Timing, and Deadlines
• Mediators and Deadline Management
• Exerting Mediator Influence
• Management of the Negotiation Process
• Power Balance between Parties
• Mediation, Culture, and Gender
• Grand Strategies for Responding to Temporal Sources of Conflicts
• Approaches for Mediating Disputes Involving Strong Beliefs or Values
• Responding to Beliefs or Values without Trying to Change Them
• 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
• 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
• 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
• The Model Standards of Conduct for Mediators—2005
• Notes
• Resource B: Mediation Services Agreement
• Resource C: Checklist for Mediator Opening Remarks/Statement
• Resource D: Settlement Documentation Form
• References
• About the Author
• More from Wiley
• Index
• End User License Agreement