Preface

The Author

Part One: Understanding Dispute Resolution and Mediation

Approaches to Managing and Resolving Conflict

The Singson-Whittamore Dispute

Conflict Management and Resolution Approaches

The Mediation Process

How Mediation Works

Variations in Mediator Roles and Procedures

Variations in Mediator Directiveness and Focus

The Approach to Describing the Mediation Process

Mediation Activities: Moves and Interventions

Hypothesis Building and Mediation Interventions

The Stages of Mediation

Variables That Influence Mediation Strategies and Activities

Part Two: Laying the Groundwork for Effective Mediation

Managing Initial Contacts with the Disputing Parties

Tasks of the Mediator in the Entry Stage

Implementation of Entry

Selecting a Strategy to Guide Mediation

The Mediator-Disputant Relationship and Decision Making

The Approach and Arena Decision

Collecting and Analyzing Background Information

Framework for Analysis

Data Collection Methods

Data Collector

Data Collection Strategy

Interviewing Approach

Interview Questions and the Listening Process

Conflict Analysis

Presentation of Data and Analysis to Disputing Parties

Designing a Detailed Plan for Mediation

Participants in Negotiations

Location of Negotiations

Physical Arrangement of the Setting

Negotiation Procedures

Issues, Interests, and Settlement Options

Psychological Conditions of the Parties

Ground Rules and Behavioral Guidelines

Plan for First Joint Negotiations

Education of Parties

Possible Deadlocks

Building Trust and Cooperation

Strong Emotions

Misperceptions and Stereotypes

Legitimacy Problems

Lack of Trust

Poor Communication

Part Three: Conducting Productive Mediations

Beginning the Mediation Session

Opening Statement by Mediator

Opening Statements by Parties

Facilitation of Communication and Information Exchange

Creation of a Positive Emotional Climate

Cultural Variations

Transition to the Next Stage

Defining Issues and Setting an Agenda

Topic Areas and Issues

Identifying and Framing Issues

Variables in Framing and Reframing Issues

Determining an Agenda

Procedural Assistance from the Mediator

Cultural Variations

Uncovering Hidden Interests of the Disputing Parties

Difficulties in Identifying Issues

Procedures for Identifying Interests

Positive Attitudes Toward Interest Exploration

Indirect Procedures for Discovering Interests

Direct Procedures for Discovering Interests

Positions, Interests, and Bluffs

Interest Identification, Acceptance, and Agreement

Framing Joint Problem Statements in Terms of Interests

Generating Options for Settlement

Development of an Awareness of the Need for Options

Detachment of Parties from Unacceptable Positions

Strategies for Option Generation

General Procedures for Generating Options

Specific Option Generation Procedures

Forums for Option Generation

Types of Settlement Options

Option Generation in the Whittamore-Singson Case

Cultural Variations in Option Generation

Part Four: Reaching a Settlement

Assessing Options for Settlement

The Settlement Range

Recognition of the Settlement Range

Option Evaluation in the Whittamore-Singson Case

Culture and the Assessment of Settlement Options

Conducting Final Bargaining

Incremental Convergence

Leap to Agreement

Formulas and Agreements in Principle

Procedural Means of Reaching Substantive Decisions

Deadlines

Mediators and Deadline Management

Culture, Time, and Deadlines

Achieving Formal Agreement or Settlement

Implementing the Agreement

Criteria for Compliance and Implementation Steps

Monitoring the Performance of Agreements

Culture and Implementation

Formalizing Settlement

Strategies for Dealing with Special Situations

Caucuses

Mediator Power and Influence

Power Balance Between Parties

Multiperson Negotiation Teams

Teams with Constituents

Toward an Excellent Practice of Mediation

Associations and Conferences

Codes of Ethics and Standards of Practice

Training, Education, and Professional Development

Promoting the Field and Ensuring Competence and Quality

Conclusion: Challenges for the Growth and Development of Mediation

Resource A. Professional Practice Guidelines: The Society of Professionals in Dispute Resolution (SPIDR) Ethical Standards of Professional Responsibility

Resource B. Mediation Services Agreement: Sample Waiver and Consent Form

Resource C. Settlement Documentation Form: Sample Memorandum of Understanding

Resource D. List of Professional Associations

References

Name Index

Subject Index