Efnisyfirlit

• Title page
• Copyright page
• Contents
• List of Tables and Figures
• Dedication
• Preface
• 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
• Mediator Roles, Functions, Approaches, and Procedures
• A Definition of Mediation
• Some Variations in Mediator Relationships to Parties and Assistance
• Social Network Mediators
• Authoritative Mediators
• Independent Mediators
• Variations of Mediators’ Targets, Focus, Levels of Interventions, and Direction
• Mediators’ Focuses for Intervention
• Mediator’s Amount of Action and Direction
• Mediator Orientations toward Focus and Direction in Practice
• “Schools” of Mediation
• Process-Focused Schools
• Relationship-Focused Schools
• Substantively Focused Schools
• 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
• North America
• Mediation Around the World
• Africa
• Asia
• Europe
• Latin America
• The Middle East
• Oceania Pacific Region
• 4: Conflict Analysis: Understanding the Causes of Conflicts and Opportunities for Collaboration
• Understanding the Causes of Conflicts and Opportunities for Collaboration
• The Circle of Conflict: Causes of Disputes and Opportunities for Collaboration
• Three Broad Concepts about Conflict and Opportunities for Collaboration
• Issues, Needs, and Interests
• Factors That Are Sources or Causes of Conflict and Opportunities for Collaboration
• People and Parties
• Issues, Needs, and Interests
• Parties’ Histories, Relationships, and Interactions
• Emotions
• Information
• Communications
• Approaches, Procedures, and Strategies
• Power and Influence
• Structural Sources of Conflict and Opportunities for Collaboration
• Beliefs, Values, and Attitudes
• Options, Understandings, Agreements, and Outcomes
• Returning to Dividers and Connectors
• 5: Negotiation and Conflict Resolution
• Transactional and Conflict Resolution–Oriented Negotiations
• Relationship-Based Negotiations
• Positional-Based Negotiations
• Interest-Based 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
• 1. Making Initial Contact with Parties
• 2. Collecting and Analyzing Background Information
• 3. Designing a Preliminary Mediation Plan
• Mediation Session Stages, Tasks, and Activities
• 1. Beginning Mediation
• 2. Presenting Parties’ Initial Perspectives and Developing an Agenda
• 3. Educating about Issues, Needs, and Interests and Framing Problems to Be Resolved
• 4. Generating Options and Problem Solving
• 5. Evaluating and Refining Options for Understandings and Agreements
• 6. Reaching Agreements and Achieving Closure
• 7. Implementing and Monitoring Understandings and Agreements, and Developing Mechanisms to Resolve P
• 7: Making Initial Contacts with Disputing Parties
• Tasks of the Mediator in the Entry Stage
• Building Credibility
• Establishing Rapport with Disputants
• Educating Participants About the Mediation Process
• Gaining a Commitment to Mediate
• Implementation of Entry
• Data Collection
• Problem Solving
• 8: Collecting and Analyzing Background Information
• Framework for Analysis
• Timing of Data Collection
• The Data Collector
• Forums for Data Collection Interviews
• Data Collection Methods
• Direct Observation and Site Visits
• Reviews of Primary and Secondary Sources
• Interviewing
• Data Collection Strategies
• Identification of Parties
• Sequencing of Interviews
• Development of Rapport and Credibility
• Interviewing Approaches
• Focused Versus Nonfocused Interviews
• Structured Versus Nonstructured Interviews
• Communication and Interviewing Procedures and Skills
• Nonverbal Communication
• Listening and Feedback
• Questioning and Questions
• Recording Information
• Data Collection by Co-Mediators and in Multiparty Disputes
• Reporting Data
• Integration of Data
• Verification of Data
• 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
• Friends, Witnesses, Constituents, and Secondary Parties
• Lawyers, Therapists, and Other Resource Persons
• The Media and Mediation
• Location and Venue for Mediation
• Physical Arrangement of the Venue
• General Consideratons for Designing a Plan for Mediatiation
• Psychological Conditions of the Parties
• Issues, Interests, and Settlement Options
• Negotiation Procedures
• 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
• Mediator and Participants’ Introductions and Statements About Their Backgrounds
• The Mediator’s Opening Statement and Discussion of Aspects of the Mediation Process
• Recognition and Affirmation of Parties’ Willingness to Meet and Seek Mutually Acceptable Solutions
• Clarification of Mediation, the Process to Be Used, and the Mediator’s Role
• Mediation as a Voluntary Process
• Statement about the Mediator’s Relationships with Parties, Neutrality, and Impartiality
• Identifying and Reaching Agreement on Proposed Mediation Procedures
• Explanation of and Agreement on the Use of Private Meetings
• Clarification of the Limits of Confidentiality
• Description and Agreement on Logistics
• Identification and Agreement on Meeting Guidelines
• Confirmation of Understandings on the Costs of Mediation and How They Will Be Handled
• Answers to Questions
• Commitment to Begin Mediation
• Making the Transition to the Next Stage
• Cultural Variations
• 11: Presenting Parties’ Initial Perspectives and Developing an Agenda
• Opening Statements by Parties
• The Problem of Limited Information
• Openings Focused on Substance
• Openings Focused on Procedure
• Openings Focused on the Relationships
• The Choice of Opening
• The Transition to Parties’ Opening Statements
• 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
• Reframing and Meaning
• Levels of Framing
• Reframing Issues, Positions, and Interests
• Implicit and Explicit Framing and Reframing and Timing
• Appropriate Language
• Mediators, Framing and Reframing
• Framing and Reframing Broad Topic Areas for Discussion
• Developing the Agenda
• Ad Hoc Development
• Simple Agenda
• Alternation of Issues
• Ranking by Importance
• Principled Agenda
• “Easier Items First”
• Building-Block or Contingent Agenda
• Trade-Offs or Packaging
• Handling Difficult Framing and Agenda Develolpment Issues
• Consensual or Interest-Based Conflicts
• Dissensual or Potentially Value-Based Conflicts
• 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
• Lack of Awareness of Needs and Interests
• Intentional Hiding of Needs and Interests
• Equating Needs and Interests with Specific Positions
• Lack of Awareness of Procedures for Exploring 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
• Psychological Means of Reducing Commitment
• Procedural Means of Reducing Commitment
• Leverage
• General Approaches and Strategies for Option Generation
• The Building-Block Approach to Settlement
• Identification of a Bargaining Formula or Agreements in Principle to Guide Option Generation and Set
• General Strategies for Generating Options
• Positional-Based Negotiations
• Interest-Based Negotiations
• Specific Option-Generation Procedures
• Ratification of the Status Quo
• Development of Objective Standards for an Acceptable Agreement
• Open Discussion
• Brainstorming
• Nominal Group Process
• Plausible Hypothetical Scenarios
• Vision Building
• Model Agreements
• Links-and-Trades
• Single-Text Negotiating Document
• Procedural Solutions to Reach Substantive Agreements
• Package Agreements
• Use of Outside Experts or Resources
• Mediator Suggestions
• 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
• Evaluating the Satisfaction of Parties’ Interests
• Evaluating the Congruence of Options with Objective Standards and Criteria
• Evaluating the Potential Strength of Agreements
• Evaluating the Feasibility of Implementing Options
• Evaluating Options against the “Reasonable Person Test” or the “Pride Test”
• Evaluating Options Using Parties’ Intuitions and Feelings
• Recognizing and Enhancing a Positive Joint Settlement Range
• Handling a Negative Joint Settlement Range
• Review Possible Outcomes to a Conflict
• Inform One or More Parties That Their Counterparts Have Reached Their Bottom Line
• Develop a Response for a Genuine Negative Joint Settlement Range
• 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
• Fear of Overconceding or Revealing Bargaining Positions
• Fear of Being Perceived as Weak
• Negative Transference
• Fear of Rejection and Impasse
• Public Pressure on Negotiators
• Loss of Face
• Links, Trades, and Joint Development of Package Agreements
• Formulas and Agreements in Principle
• Leap to Agreement
• Procedural Means to Reach Substantive Agreements
• The Procedural-Time-Line Approach
• Third-Party Decision Makers
• Mechanical Decision-Making Procedures
• Postponement, Avoidance, and Issue Abandonment
• Integrative Approaches with Combinations of One or More of the above Strategies
• Mediator Assistance to Recognize and Confirm Understandings and Agreements
• Reaching Substantive Closure and Formalizing the Agreement
• Substantive Agreements, Closure, and Commitment-Inducing Procedures
• Voluntary Agreement and Commitment-Inducing Procedures
• Externally Induced Commitment Procedures
• Procedural Closure
• Psychological Closure and Redefinition of Parties’ Relationships
• Approaches for Promoting Psychological Closure
• Forgiveness and Reconciliation
• The Mediator’s Role in Forgiveness and Reconciliation
• 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
• Factors That May Make a Caucus Desirable or Necessary
• Timing for Private Meetings
• Locations and Venues for Private Meetings
• Protocol for Calling Private Meetings
• Private Meetings and Manipulation
• Time, Timing, and Deadlines
• Internally and Externally Established Deadlines
• Coordinated and Uncoordinated Deadlines
• Actual and Artificial Deadlines
• Rigid and Flexible Deadlines
• Deadlines with and without Consequences
• Explicit or Vague Deadlines
• Mediators and Deadline Management
• Making Parties Aware of Deadlines
• Assisting Parties to Effectively Use Deadlines
• Avoiding Deadline Dangers
• Culture, Time, and Deadlines
• Exerting Mediator Influence
• Coordinating Parties’ Means of Influence
• Management of the Negotiation Process
• Communication between and within Parties
• Physical Setting and Negotiations
• Timing in Negotiations
• Information Exchanged between Parties
• Authority
• Habits of Disputants
• Parties’ Doubts
• Appeals to Beliefs, Values, or Morals
• Rewards or Benefits
• Coercive Influence
• The Mediator’s Personality
• Using External Parties to Influence Disputants
• Experts
• Power Balance between Parties
• Symmetrical Power Relations
• Asymmetrical Power Relations
• Mediation, Culture, and Gender
• Grand Strategies for Responding to Temporal Sources of Conflicts
• Start with Past Issues and Relationships
• Work on the Past and Then Go to the Present
• Work on the Past and Then Go to the Future
• Do Not Start with the Past
• Start with Current or Present Issues and Relationships
• Start with Future Issues and Relationships
• Work on the Future and Then Go to the Present or Past
• Start with One Temporal Orientation and Switch to Another
• Approaches for Mediating Disputes Involving Strong Beliefs or Values
• Responding to Conflicts Involving Strong Beliefs and Values
• Why Are Conflicts Involving Beliefs and Values So Difficult to Resolve?
• General Considerations for Responding to Belief or Value Differences
• Responding to Beliefs or Values without Trying to Change Them
• Avoid Framing Issues or Problems in Terms of Belief or Value Differences
• Address or Resolve Peripheral Conflict Elements or Issues
• Change the Parties’ Relationships, Not Their Beliefs or Values
• Increase Understanding and Tolerance for Diverse Beliefs or Values
• 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
• Team Dynamics and Mediation Strategies
• Types of Team Negotiations
• 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
• Training Programs
• University Programs
• 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
• Model Standards of Conduct for Mediators
• The Model Standards of Conduct for Mediators—2005
• Preamble
• Standard I. Self-Determination
• Standard II. Impartiality
• Standard III. Conflicts of Interest
• Standard IV. Competence
• Standard V. Confidentiality
• Standard VI. Quality of the Process
• Standard VII. Advertising and Solicitation
• Standard VIII. Fees and Other Charges
• Standard IX. Advancement of Mediation Practice
• Resource B: Mediation Services Agreement
• Resource C: Checklist for Mediator Opening Remarks/Statement
• Resource D: Settlement Documentation Form
• References
• About the Author
• Index