Mediation is a process that can be used to resolve conflict in many different dispute contexts. This book focuses on the essential skills and strategies needed by any mediator to be successful in their work. Tony Whatling draws on his extensive experience in the field of mediation to explain the range of skills and strategies that are commonly used, as well as why you would use different skills and when they are best employed. The author shows how, by adopting these techniques, a mediator can manage challenging conflicts. It features the use of questioning skills and how they can be used effectively, as well as how to deal with high emotion and negative responses. This book is essential for anyone who wants to improve their mediation skills, whether as a trainee, novice or experienced professional.
MEDIATION: SKILLS AND STRATEGIES focusses on the practical operation of the mediation process, with particular reference to the skills and techniques which can be used by mediators in their formal and informal roles as helper, facilitators, and supporters of decision making. Recognising that mediation is not only an 'art' but also a process that can be "understood, analysed, learned, practiced and improved", the authors have developed this work to assist practitioners and students of mediation to develop the problem solving, negotiation and decision making skills that are so critical for effective mediation. Adapted for New Zealand students and practitioners from the work Mediation Skills and Techniques by Boulle and Alexander, MEDIATION: SKILLS AND STRATEGIES complements the well regarded and comprehensive work Mediation: Principles, Process, Practice also by Boulle, Goldblatt and Green. It provides an invaluable addition to the library, learning and reference resources of current and aspiring mediators. Features: All mediator skills and techniques link to the New Zealand professional standards; Text is written in plain English; Focus is on the practical knowledge and skills; Illustrations and case studies are provided to explain important points; A range of documents and precedents are provided in the appendices
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.
Provides mediators and other professionals who use mediationsuch as lawyers, therapists, and personnel managerswith comprehensive, step-by-step instruction in effective dispute resolution strategies.
Mediation is used to resolve disputes in business, employment, education, domestic relationships, religious organizations, government, international relations, and, of course, litigation. Mediation: Skills and Techniques offers a comprehensive course of study of the mediation process, from convening the mediation to formalizing the settlement agreement. The book provides practical examples and case studies to illustrate the skills and techniques necessary to become a proficient mediator. Importantly, the book adopts an interdisciplinary approach to mediation that incorporates scientific principles from law, psychology, conflict management, and sociology. It also surveys careers in mediation and explains how to market a mediation business. Whether you are a student, mediator, lawyer, psychologist, businessperson, clergy member, or social worker, this book answers the call for a broad and systematic education in mediation with an emphasis on practical, science-based mediation skills and techniques. This second edition includes new chapters on balancing power among parties in mediation, evaluative mediation, and virtual mediation.
The skills, techniques and strategies for mediation - everything you need to successfully tackle a mediation. The mediation process has become an increasingly important method of tackling problems, complaints and disputes. Ensure you have the latest techniques and strategies in your armoury. This practical book outlines the skills and techniques required to prepare for, participate in, and conduct mediation. By using its examples and checklists, you will be able to approach any mediation with complete confidence. Essential new tools and resources - you will benefit from exercises, tools and resources giving you the opportunity to learn, and update, the skills, techniques and strategies needed when mediating. This user-friendly guide will enable you to: - Master mediation skills and techniques; - Create an environment conducive to mediation; - Design a fair and effective negotiation process; - Diagnose problems, complaints and disputes; - Assist the parties to identify their interests and priorities; - Provide momentum for settlement; - Avoid mediator traps; - Access key ADR tools and resources including mediation agreements, mediation rules and procedures, sample settlement agreements, a range of guidance notes and up-to-date reading materials; - Develop a mediation practice; - Gain an overview of the practice of mediation across Europe. Essential new material for all mediators, lawyers representing clients in mediation, organisations in dispute, users of dispute resolution services, ADR organisations, as well as anybody studying mediation.
The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Mediation: The Roles of Advocate and Neutral, Fourth Edition, integrates mediation skills and strategies with theory, ethics, and practice applications to teach students about legal mediation and how to represent clients effectively in the process. This book reflects the experience of its authors, who are both professors and practicing legal mediators with decades of experience teaching and resolving cases. Itincludes all the coverage of mediation found in Resolving Disputes, the survey text, as well as material on negotiation and hybrid processes and additional coverage of mediation. Most important, this book has become a fully video-integrated text. As they read students are referred to 65 unique video excerpts, embedded in the text and instantly accessible, which show leading mediators applying specific techniques and strategies to overcome barriers to settlement. New to the Fourth Edition Video: Unique and diverse video excerpts, created expressly for this book and embedded in the text, featuring mediators from the U.S. and around the world. Virtual mediation: Analysis of the special aspects of mediating via Zoom, based on the experiences of professional mediators. Grief and loss: New material probing deeply into the psychology of loss and how it affects settlement decisions. ODR: New readings on online mediation. International: Perspectives and video of international practitioners, based on the authors’ experience training mediators on five continents. Professors and student will benefit from: Concise content that supports an active experiential class, without sacrificing the deeper knowledge expected in a law school course. An informal writing style that presents actual case examples, practical advice, and thought-provoking questions written for students who will soon become lawyers, representing clients in mediating disputes. A practice-based approach that helps students apply concepts, including realistic roleplays that facilitate classroom discussion. Examples of lawyers taking on roles as informal mediators, giving students models of how to apply mediative skills immediately in their practice.
Mediation Theory and Practice, Third Edition introduces you to the process of mediation by using practical examples that show you how to better manage conflicts and resolve disputes. Authors Suzanne McCorkle and Melanie J. Reese help you to understand the research and theory that underlie mediation, as well as provide you with the foundational skills a mediator must possess in any context, including issue identification, setting the agenda for negotiation, problem solving, settlement, and closure. New to the Third Edition: Expanded content on the role of evaluative mediation reflects the latest changes to the alternative dispute resolution field, helping you to distinguish between various approaches to mediation. Additional discussions around careers in conflict management familiarize you with employment opportunities for mediators, standards of professional conduct, and professional mediator competencies. New activities and case studies throughout each chapter assist you in developing their mediation competency.
In this definitive guide, Forrest Mosten--an internationallyrecognized mediation expert--helps would-be mediators answer thecritical question "Do I have the values, skills, personality, andcommitment necessary to mediate?" A comprehensive resource, the book also explores a wealth of timelytopics including the need to establish standards of the profession,how to maintain confidentiality, the pros and cons of co-mediation,and the place of mediation in the process of court and law reform.Straightforward and reader-friendly, the Mediation Career Guide isfilled with practice tips, self-surveys, diagrams, readingresources, a list of training programs and volunteer opportunities,budget forms, and model standards of conduct. This hands-onresource is designed to make the challenging journey of becoming apeacemaker a one-step-at-a-time manageable process.
The principles & process involved in mediation are universal to the legal profession the world over, as are the questions that arise from this subject. This book is designed specifically to answer those questions & shed light on the skills & issues that need to be understood to make mediation work. The book will bring you all the information you need to fully understand the benefits of mediation, how & when mediation might be used, how to use it successfully & how to establish an Alternative Dispute Resolution programme.
