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Mediation Theory and Practice
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Mediation Theory and Practice

Second Edition
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272 pages | SAGE Publications, Inc
Blending theory and research with practical application, Mediation Theory and Practice, Second Edition provides a thorough introduction to today’s ever expanding world of mediation, including updated research and new cases for analysis. Innovative yet practical, research-based yet readable, the book provides an overview of the basic principles of mediation in a variety of contexts to help readers understand mediation and its role in today’s society. Throughout the book, the authors help students develop foundational mediation skills, including issue identification, setting the agenda for negotiation, problem solving, settlement, and closure. Case studies and examples in every chapter, plus an appendix of role-playing scenarios, make this book ideal for both college courses and certification training programs.
 
Chapter 1: Introduction to Mediation
Why Mediation?

 
How Do People Find Their Way to Mediation?

 
Power, Rights, and Interests

 
The Dispute Resolution Continuum

 
A Disclaimer about Mediation Training

 
Summary

 
Portfolio Assignment 1.1: Starting Your Mediator Portfolio

 
 
Chapter 2: The Basic Components of Mediation
Philosophical Assumptions

 
Functional Models

 
Integrating Philosophies

 
Variables That Make a Difference in Mediation Models

 
Phases in the Balanced Mediation Model

 
Does Culture Matter In Mediation?

 
Summary

 
 
Chapter 3: Essential Skills for Mediators
An Overview of Mediator Skills

 
Trusting and Controlling the Process

 
Listening: A Bedrock Skill for Mediators

 
Reframing Messages

 
Listening to Nonverbal Communication

 
Clarifying and Asking Questions

 
Genuinely Curious Questions

 
Honoring Silence

 
Listening Interculturally

 
Ethical Issues and Listening

 
Summary

 
Mediator Portfolio Assignment 3.1: The Emotional Paraphrase

 
Mediator Portfolio Assignment 3.2: The Open-Ended Question

 
 
Chapter 4: Pre-Mediation Activities
Contacting Disputants

 
Goals to Accomplish During Intake

 
Setting the Stage

 
Ethical Issues for Pre-Mediation Caseworkers

 
Summary

 
Portfolio Assignment 4.1: The Referral Sourcebook

 
Portfolio Assignment 4.2: Intake and Agreement to Mediate Forms

 
 
Chapter 5: Ethical Considerations and Tactical Preparations
Mediator Roles

 
Ethical Considerations for Mediators

 
Disputant Roles

 
Analyzing Stakeholders

 
The Mediation Plan

 
Common Causes of Conflict

 
Conflict Causes and Mediator Moves

 
Cultural Awareness

 
Summary

 
Portfolio Assignment 5.1: Ethical Codes of Conduct

 
Portfolio Assignment 5.2: Mediator Supplies

 
 
Chapter 6: The Mediator’s Opening Statement
Opening Statement Functions

 
Opening Statement Styles

 
Opening Statement Dynamics

 
Key Components of the Opening Statement

 
Building Credibility and Rapport

 
The Relationship between Opening Statements and Mediator Control

 
Notetaking for Mediators

 
Summary

 
Portfolio Assignment 6.1: Creating Your Personal Opening Statement

 
Portfolio Assignment 6.2: Creating Your Personal Notetaking Form

 
 
Chapter 7: Storytelling and Issue Identification
Theories of Storytelling

 
Functions of Storytelling

 
Mediator Strategies in Storytelling

 
Conflict Causes and Mediator Moves

 
Overcoming Common Pitfalls in Storytelling

 
Summary

 
Portfolio Assignment 7.1: The Vision Quest

 
Portfolio Assignment 7.2: Reframes

 
 
Chapter 8: Setting the Agenda for Negotiation
The Mediator’s Notes are the Building Blocks of the Agenda

 
When to Shift to the Agenda Step

 
Components of the Agenda

 
Sequencing the Agenda List

 
The Language of the Agenda

 
Summary

 
Portfolio Assignment 8.1: Methods of Ordering the Agenda

 
Portfolio Assignment 8.2: Transitioning to the Agenda

 
 
Chapter 9: Problem Solving and Negotiation
The Two Worlds of Negotiation

 
Directiveness vs. Intrusiveness

 
Mediator Techniques to Foster Disputant Problem Solving

 
Using the Caucus to Respond to Common Problems

 
Breaking Deadlocks

 
Face-Saving

 
Ending the Negotiation Phase

 
Mediator Ethics and the Negotiation Phase

 
Summary

 
Mediator Portfolio 9.1: Questions to Start Negotiation

 
Mediator Portfolio 9.2: Going into Caucus

 
 
Chapter 10: Settlement and Closure
Why Write Agreements?

 
Is the Agreement Legally Binding or Legally Nonbinding?

 
A Format for Writing Mediation Agreements

 
Choosing the Phrasing of the Agreement

 
Creating Durable Agreements

 
Final Reading and Signing

 
Closing a Nonagreement Mediation

 
Debriefing the Session

 
Summary

 
Portfolio Assignment 10.1: The Memorandum of Agreement Form

 
Portfolio Assignment 10.2: The Referral Sourcebook

 
 
Chapter 11: The World of the Mediator
Variations on Basic Mediation

 
Mediation as a Profession

 
Mediation Skills in Everyday Life

 
The Promise of Mediation

 
Summary

 

Preview this book

Sample Materials & Chapters

Chapter 1

Chapter 6


Suzanne McCorkle

Suzanne McCorkle (Ph.D., University of Colorado at Boulder, rhetoric & argumentation; M.A. & B.S., Ball State University, rhetoric & argumentation; speech & secondary education) is director of the Dispute Resolution Program at Boise State University where she is a professor in the Public Policy and Administration department. McCorkle is the co-author of Mediation Theory and Practice, Second Edition (SAGE), Personal Conflict Management (Allyn & Bacon), and People Skills for Public Managers (M.E. Sharpe). More About Author

Melanie Janelle Reese

Melanie J. Reese is a Dispute Resolution Coordinator for the Idaho State Department of Education. She is a former Faculty Ombudsman for the communication faculty at the College of Western Idaho and Associate Professor of Communication at Boise State University. She is the co-author of Mediation Theory and Practice, Second Edition (SAGE) and Personal Conflict Management (Allyn & Bacon). More About Author

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