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The classic resource for effective mediation - now fully updated and expanded The popular Mediator's Handbook presents a time-tested, adaptable model for helping people work through conflict. Starting with a new chapter on assessing conflict and bringing people to the table, it explains the process step-by-step, from opening conversations and exploring the situation, through the phases of finding resolution-deciding on topics, reviewing options, and testing agreements. The "Toolbox" section then details the concepts and skills a mediator needs in order to: Understand the Conflict Support the people Facilitate the process Guide decision-making. The Mediator's Handbook 's emphasis is on what the mediator can do or say NOW, and on the underlying principles and core methods that can help the mediator make wise choices. Long a popular course textbook for high schools, universities, and training programs, The Mediator's Handbook is also a valued desk reference for professional mediators, and a practical guide for managers, organizers, teachers, and anyone working with clients, customers, volunteers, committees or teams. Extensively revised to incorporate recent practice and thinking, the accessible manual format lays out a clear structure for new and occasional mediators, while offering a detailed, nuanced resource for professionals.
Experienced mediators take you step-by-step through the mediation process, offering strategies to apply in particular contexts and valuable tips to help develop and enhance skills. This highly practical approach reflects in checklists, comments and casenotes throughout including shuttle negotiation and mediation.
The Handbook of Mediation gathers leading experts across fields related to peace, justice, human rights, and conflict resolution to explore ways that mediation can be applied to a range of spectrums, including new age settings, relationships, organizations, institutions, communities, environmental conflicts, and intercultural and international conflicts. The text is informed by cogent theory, state-of-the-art research, and best practices to provide the reader with a well-rounded understanding of mediation practice in contemporary times. Based on four signature themes—contexts; skills and competencies; applications; and recommendations—the handbook provides theoretical, applicable, and practical insight into a variety of key approaches to mediation. Authors consider modern conflict on a local and global scale, emphasizing the importance of identifying effective strategies, foundations, and methods to shape the nature of a mediation mindfully and effectively. With a variety of interdisciplinary perspectives, the text complements the development of the reader’s competencies and understanding of mediation in order to contribute to the advancement of the mediation field. With a conversational tone that will welcome readers, this comprehensive book is essential reading for students and professionals wanting to learn a wide range of potential interventions for conflict.
The field of mediation has expanded dramatically since Friends Conflict Resolution Programs published the original Mediator Handbook in 1982, the first how-to mediation manual available to the public. Since then, mediation has evolved from an alternative approach to conflict resolution for community activists to a process that has become part of our everyday landscape. Continuously in print for fifteen years, The Mediator's Handbook provides a time-tested, flexible model for effective mediation in diverse environments and situations. Completely revised, the new edition provides a clear overview of mediation and conflict; a section that walks through each step in the mediation process; a large Toolbox section that details the skills and approaches used by professional mediators; and a final section that looks at informal mediation.
This handbook invites readers who are interested in mediation,negotiation and conflict resolution to share the perspectives ofexperts in the field. Contributors include scholars, mediators, trainers andnegotiators, all of whom are passionate about their work. Emphasises both internal and external factors as importantsources of influence when negotiating conflicts. Explores the cultural and institutional frameworks that haveshaped intervention processes. Considers what techniques might work when, how and why. Demonstrates the sophistication of contemporary studies ofmediation, negotiation and conflict resolution.
Mediation is rapidly becoming a norm in cross-border dispute resolution among European Union (EU) Member States. Accordingly, an important question for legal advisers to ask themselves is: Which jurisdiction offers the best legal framework to support a potential future mediation of my client’s dispute? This book responds to this question by examining the law on mediation in each Member State on a chapter-by-chapter basis. Each country analysis applies the book’s overarching principle of a specially designed Regulatory Robustness Rating System, which is thoroughly explained in an introductory chapter. This framework offers a highly effective way to analyse the quality and robustness of each of the EU’s twenty-nine national jurisdictions’ legal frameworks relevant to mediation (including legislation, case law, practice directions, codes of conduct, standards, and other regulatory instruments) and factor such an analysis into choices about governing law in mediation clauses and other agreements. Among the issues and topics covered are the following: • congruence of domestic and international legal frameworks; • transparency and clarity of content of mediation laws; • standards and qualifications for mediators; • rights and obligations of participants in mediation; • access to mediation services; • access to internationally recognised and skilled mediators; • enforceability of clauses and mediated settlement agreements; • confidentiality and flexibility; • admissibility of evidence from mediation in subsequent proceedings; • impact of commencement of mediation on litigation limitation periods; • relationship and attitude of courts to mediation; and • regulatory incentives for legal advisers to engage in mediation. This detailed analysis clearly allows users and other regulatory stakeholders to look closely and critically at regulatory regimes for mediation in order to make informed choices and develop appropriate strategies in relation to the law that governs their mediation. This is the first book to consider authoritatively what makes good mediation law and what makes a jurisdiction attractive for cross-border mediation purposes in terms of its regulatory framework. As a resource that identifies potential strengths and weaknesses of each EU Member State’s regulatory regime, it has no peers and will be welcomed and put to use by the alternative dispute resolution community in Europe and beyond.
Workplace mediation is becoming an increasingly popular dispute resolution method to settle interpersonal employee conflicts, including harassment and bullying complaints. There is a direct ratio between the quality of relationships across the workplace and long-term effectiveness and success. Mediation addresses complex relationship difficulties head-on so that working relationships can be restored. Fostering a philosophy of mediation as a culture and a "co-entrepreneurial" business model, Doherty and Guyler consider what mediation is, why it is necessary and how it works, including the main principles of operation and the 6-step structure of a mediation meeting. They analyze the reasons for conflict and suggest useful everyday communication skills to help defuse anger or aggression. Real case studies look at specific complaints of bullying, of sexual harassment and of racism, generational conflicts within family businesses and boardroom conflicts between chairmen and CEOs.
This volume is an essential, cutting-edge reference for all practitioners, students, and teachers in the field of dispute resolution. Each chapter was written specifically for this collection and has never before been published. The contributors--drawn from a wide range of academic disciplines--contains many of the most prominent names in dispute resolution today, including Frank E. A. Sander, Carrie Menkel-Meadow, Bruce Patton, Lawrence Susskind, Ethan Katsh, Deborah Kolb, and Max Bazerman. The Handbook of Dispute Resolution contains the most current thinking about dispute resolution. It synthesizes more than thirty years of research into cogent, practitioner-focused chapters that assume no previous background in the field. At the same time, the book offers path-breaking research and theory that will interest those who have been immersed in the study or practice of dispute resolution for years. The Handbook also offers insights on how to understand disputants. It explores how personality factors, emotions, concerns about identity, relationship dynamics, and perceptions contribute to the escalation of disputes. The volume also explains some of the lessons available from viewing disputes through the lens of gender and cultural differences.
Drawing on the experience of more than 175 mediators from across the spectrum of mediation practice and among different geographic regions, such as the U.S., Australia, Europe, Israel, and Canada, this book presents the best practices for mediators to emulate.