The Mediator
248 Pages

You can change the print size of this book

The Mediator's Handbook


248 Pages

You can change the print size of this book


  • Coop available
  • This book will be promoted to professional group facilitators through the International Association of Facilitators

  • Blogads will be placed on leadership, group process, training and management sites

    Advertising will be placed in Mother Earth News and The Progressive

    There will be an e-mail campaign to Business Management colleges and universities

  • The Mediators Handbook won Amazon’s Best-seller award in 1998 and 1999 in the Arbitration, Negotiation and Mediation category, and has remained in the top 5 ever since.

  • This book has sold over 50,000 copies.

  • This classic how-to for mediators has been significantly rethought and updated, with the practical hows and whys for both new and experienced mediators.

  • The book includes a large Toolbox section which coaches mediators on people, process and problem-solving skills. This has been a popular course textbook for high schools, universities and training programs, and has been a valued desk reference for professional mediators.

  • This new edition includes new chapters on getting people to the table, and on adapting mediation to different environments. The main sections have been significantly upgraded to reflect the authors’ current mediation and training approaches.

  • Mediator Handbook 4th edition: Contents

    1. Overview Preface iii
    What is mediation? 11
    The mediator’s role 16
    The anatomy of the mediation process 18
    Process-centered mediation 19
    Guiding principles 21
    Mediation terms

    2. Getting them to the
    Table Can mediation help this situation?
    How people find a mediator 35
    Voluntary or mandatory?
    Initial conversations 37
    Do they want to participate?
    Approaching the other parties 41
    Should I be the mediator? 43
    Pre-mediation agreements and review 44
    Choosing a location 45

    3. The Mediation Session Part I: Exploring the Situation
    Preparing, Setting up 49
    Opening: Welcome, warm up, logistics, goals, roles 51
    Listening to each perspective: Go-Round 58
    The Exchange 61
    Facilitating the Exchange 62
    The Exchange: Tasks & flow 63
    Start with and clarify Information 65
    Checkout interpretations 67
    Listen for their concerns 68
    Example + impact
    Interests: restating, other relevant interests
    Encouraging empathy and reconciliation
    Transition to Reaching Resolution 72
    Separate Conversations 58

    4. The Mediation Session Part II: Reaching Resolution Reaching Resolution 80
    Topic Lis, criteria, wording 83
    Options: come up with ideas 87
    Reality Testing
    Decisions: reviewing the agreement 92
    Decisions: emotions, hesitations 93
    Writing the agreement 95
    Wording the agreement 97
    Closing 81
    Afterwards: wrapping up 82
    Multiple sessions 83

    5. Understanding
    Conflict Understanding conflict 25
    The Conflict Core: fear, opportunity, love 26
    Common effects of conflict 28
    The pleasures of conflict 29
    The Conflict Triangle: People, Process, Problem: 32
    Your mediator's toolbox 105

    6.Supporting the
    People Supporting the people: main skills
    Setting the tone 109
    Choosing your words 111
    Giving your full attention 107
    Acknowledging 110
    Adversarial mode ? cooperative mode
    Avoid this Kettle of Fish 112
    Handling judgmental remarks 175
    Protecting 12
    Attending to comfort and accessibility 119
    Language and hearing difficulties
    Working with people in all their variety… 121
    Emotionally difficult situations 129

    Mediators Handbook 4th edition draft 1/2012

    7. Facilitating the
    Process Confidentiality in practice 139
    Impartial facilitation
    Structuring the discussion 140
    Facilitating the session: Key points 136
    Don’t we need some rules here? 137
    When you can be directive 141
    When to consult 142
    Staying on track 145
    Crafting questions: basics, cautions, positive 146
    Clarifying: follow-up questions 149
    Kinds of rewording 150
    Reflecting 152
    Summarizing 153
    Working visually 155
    Is this discussion productive? 156
    Intervening when things heat up 157
    Is it time to quit? 159
    Facilitation challenges 161

    8. Solving the Problem Participants’ starting point: Power & rights 166
    Changing the “positions” mindset 167
    Interests: layers, why interests matter 168
    Finding space for solutions 171
    Checking out (mis)interpretations 173
    Lies, perceptions, deceptions 17
    Plain description of facts and needs
    Flip it! ? outcome-focused interests 178
    Tactful wording of interests and topics
    Summarizing interests
    Topic List examples 180

    8. Solving the Problem
    (continued) Eliciting ideas: brainstorming, opening up possibilities
    Can mediators suggest options? 184
    Visual aids for making decisions 185
    Types of resolution
    Efficient decisions: templates, formulas
    “What ifs” 186
    Fall Backs: Contingencies, uncertainties 190
    Step-down agreements: smaller scope 187
    When there’s no agreement 188
    Final review: Workability 191
    Final review: Future 192
    Sample agreements 195
    When no resolution is in sight 196

    9. Going Further Going further
    Adapting the process 203
    Mediating with children & teens 122
    Mediating across generations, family conflicts 124
    Mediating employee conflicts 126
    Participant evaluation 126
    Mediator evaluations: session, self
    The Handbook “soup pot” 207
    Authors & contributors 209
    Organizational support 208

    Cheat Sheet final page or inside cover209Diagram of mediation process

    viii The Mediator’s Handbook © 2012 Jennifer Beer & Caroline Packard



    Published by
    Published 13 November 2012
    Reads 0
    EAN13 9781550925166
    Language English

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