Mediation: Skills and Techniques

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LexisNexis, Apr 3, 2008 - Law - 406 pages
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This is an essential and comprehensive addition to the professional library of all mediators. It provides a thorough course of study of the mediation process, from convening the mediation to formalizing the settlement agreement. The book adopts an interdisciplinary approach to mediation, integrating knowledge and expertise from law, psychology, and sociology. Practical examples and case studies are used to illustrate the skills and techniques necessary to become an effective mediator. Bolstered with scientific research, the content of the book goes far beyond the scope of most other mediation books with its extensive consideration of the dynamics of interpersonal conflict and negotiation techniques that set high-quality mediators apart from the crowd. Additional helpful practical advice about cultivating a successful mediation practice is provided, including a survey of careers in mediation, tips on marketing, and appendices with useful forms and worksheets. All mediators and students of mediation will find sound and applicable guidance in this book, regardless of their experience level, background, education, or field of practice. This book answers the call for the systematic preparation of forward thinking mediation professionals who seek to be on the vanguard of this rapidly expanding and evolving field. Coverage includes:

Ch. 1: Introduction to Learning Mediation Skills and Techniques
Ch. 2: Establishing the Foundation: Introductions, Intake, Screening & Preparation
Ch. 3: Maintaining a Favorable Climate
Ch. 4: Managing the Mediation Process
Ch. 5: Assisting the Communication Process
Ch. 6: Managing Conflict from Crisis to Opportunity
Ch. 7: Facilitating the Negotiations
Ch. 8: Encouraging Settlement
Ch. 9: Variations in the Mediation Process
Ch. 10: Special Issues in Mediation
Ch. 11: Avoiding Mediator Traps
Ch. 12: Becoming a Mediator, Careers in Mediation, and Establishing a Private Mediation Practice

 

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Contents

INTRODUCTION TO LEARNING MEDIATION
Scope and Organization of this Book
Functions of the Mediator
Evaluating Your Effectiveness
Assessment
Practical Preparation for the Mediation Meeting
Special Circumstances and Techniques
Reasons for a Poor Climate
The Separate Meetings
ASSISTING THE COMMUNICATION PROCESS
NonVerbal Communication in Mediation
Effective Listening
Appropriate Questioning
Mediators Tools to Promote Effective Communication
MANAGING CONFLICT FROM CRISIS
Conflict Style

Normalizing
MANAGING THE MEDIATION PROCESS
B The Parties Initial Statements
i The Mediators Role During the Parties
Defining the Problem
Problem Solving and Negotiation
The Path of the Storm
Diagnosing the Dispute
FACILITATING THE NEGOTIATIONS
Assisting the Negotiation Process
Resolution
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